DE
REPVBLICA
ANGLORVM
.
The
maner
of
gouernement
or
policie
of
the
REALME
of
ENGLANDE
.
Of
the
diuersities
of
common
wealthes
or
gouernement
.
CHAP.
I.
THey
that
haue
written
heretofore
of
Common
wealthes
,
haue
brought
them
into
thrée
most
simple
and
speciall
kindes
or
fashions
of
gouernement
.
The
first
where
one
alone
doth
gouerne
,
is
called
of
the
Gréekes
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Monarchia
.
the
second
,
where
the
smaller
number
,
commonly
called
of
them
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Aristocratiae
.
and
the
thirde
where
the
multitude
doth
rule
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Democratia
.
To
rule
▪
is
vnderstoode
to
haue
the
highest
and
supreme
authoritie
of
commaundement
.
That
part
or
member
of
the
common
wealth
is
saide
to
rule
which
doth
controwle
,
correct
,
and
direct
all
other
members
of
the
common
wealth
.
That
part
which
doth
rule
,
define
and
commaund
according
to
the
forme
of
the
gouernement
,
is
taken
in
euerie
common
wealth
to
be
iust
and
lawe
:
As
a
rule
is
alway
to
be
vnderstoode
to
be
straight
,
and
to
which
all
workes
be
to
be
conformed
,
and
by
it
to
be
iudged
:
I
doe
not
meane
the
Lesbians
rule
which
is
conformed
to
the
stone
:
but
the
right
rule
whereby
the
Artificer
and
the
Architect
doe
iudge
the
straightnesse
of
euerie
mans
worke
,
he
to
be
reckoned
to
make
his
worke
perfectest
,
who
goeth
néerest
to
the
straightnesse
.
What
is
iust
or
Lawe
in
euerie
common
wealth
or
gouernement
.
CHAP.
2.
NOw
it
doth
appeare
,
that
it
is
profitable
to
euerie
common
wealth
(
as
it
is
to
euery
thing
generally
and
particularly
)
to
be
kept
in
her
most
perfect
estate
.
Then
if
that
part
which
doth
beare
the
rule
,
doe
commaund
that
which
is
profitable
to
it
,
and
the
commaundement
of
that
part
which
doeth
rule
on
that
sort
,
is
to
be
accepted
in
euery
common
wealth
respectiuely
to
be
iust
(
as
we
haue
said
before
)
:
it
must
néedes
follow
,
that
the
definition
which
Thrasimachus
did
make
,
that
to
be
iust
which
is
the
profite
of
the
ruling
and
most
strong
part
(
if
it
be
meant
of
the
Citie
or
common
wealth
)
is
not
so
farre
out
of
the
way
,
Iust.
(
if
it
be
ciuilly
vnderstoode
)
as
Plato
would
make
it
.
But
as
there
is
profitable
and
likelyhoode
of
profite
,
so
there
is
right
and
likelyhoode
of
right
.
And
aswell
may
the
ruling
and
Soueraigne
part
commaund
that
which
is
not
his
profite
,
as
the
iust
man
may
offend
(
notwithstanding
his
iust
and
true
meaning
)
when
he
would
amend
that
which
is
amisse
,
and
helpe
the
common
wealth
,
and
doe
good
vnto
it
.
For
in
asmuch
as
he
attempteth
to
doe
contrarie
to
the
Lawe
which
is
alreadie
put
,
he
therefore
by
the
lawe
is
iustly
to
be
condemned
,
because
his
doing
is
contrarie
to
the
lawe
and
the
ordinaunce
of
that
part
which
doth
commaunde
.
An other
diuision
of
common
wealthes
.
CHAP.
3.
BUt
this
matter
yet
taketh
an
other
doubt
:
for
of
these
maner
of
rulinges
by
one
,
by
the
fewer
part
,
&
by
the
multitude
or
greater
number
,
they
which
haue
more
methodically
&
more
distinctly
and
perfectly
written
vpon
them
,
doe
make
a
subdiuision
:
and
diuiding
eche
into
two
,
make
the
one
good
and
iust
,
and
the
other
euill
and
vniust
:
as
,
where
one
ruleth
,
the
one
they
call
a
king
or
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
the
other
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
a
tyrant
:
where
the
fewer
number
,
the
one
they
name
a
gouerning
of
the
best
men
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
or
Remp.
optimatum
,
the
other
of
the
vsurping
of
a
few
Gentlemen
,
or
a
few
of
the
richer
&
stronger
sort
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
or
Paucorum
potestatem
:
and
where
the
multitude
doth
gouerne
,
the
one
they
call
a
common
wealth
by
the
generall
name
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
or
the
rule
of
the
people
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
the
other
the
rule
or
the
vsurping
of
the
popular
or
rascall
and
viler
sort
,
because
they
be
moe
in
number
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Example
of
chaunges
in
the
maner
of
gouernment
.
CHAP.
4.
IN
common
wealthes
which
haue
had
long
continuance
,
the
diuersities
of
times
haue
made
all
these
maners
of
ruling
or
gouernement
to
be
seene
:
As
in
Rome
:
kinges
Romulus
,
Numa
,
Seruius
:
tyrantes
,
Tarquinius
,
Sylla
,
Caesar
:
the
rule
of
best
men
,
as
in
time
when
the
first
Consuls
were
:
and
the
vsurping
of
a
few
,
as
of
the
Senators
after
the
death
of
Tarquinius
,
and
before
the
succession
of
the
Tribunate
,
and
manifestly
in
the
Decemuirate
,
but
more
perniciously
in
the
Triumuirate
of
Caesar
,
Crassus
,
and
Pompeius
:
and
afterwarde
in
the
Triumuirate
of
Octauius
,
Antonius
,
and
Lepidus
:
The
common
wealth
and
rule
of
the
people
,
as
in
the
expulsing
of
the
decemuiri
and
long
after
,
especially
after
the
law
was
made
,
either
by
Horatius
,
or
(
as
some
would
haue
it
)
Hortentius
,
quod
plebs
sciuerit
,
id
populum
teneat
.
And
the
ruling
and
vsurping
of
the
popular
and
rascall
,
as
a
little
before
Sylla
his
reigne
,
and
a
little
before
Caius
Caesars
reigne
.
For
the
vsurping
of
the
rascality
can
neuer
long
endure
,
but
necessarily
breedeth
,
&
quickly
bringeth
forth
a
tyrant
.
Of
this
,
hath
Athens
,
Syracuse
,
Lacedemon
and
other
old
auncient
ruling
Cities
had
experience
,
and
a
man
neede
not
doubt
but
that
other
common
wealthes
haue
followed
the
same
rate
.
For
the
nature
of
man
is
neuer
to
stand
still
in
one
maner
of
estate
,
but
to
grow
from
the
lesse
to
the
more
,
and
decay
from
the
more
againe
to
the
lesse
,
till
it
come
to
the
fatall
end
and
destruction
,
with
many
turnes
and
turmoyles
of
sicknesse
&
recouering
,
seldome
standing
in
a
perfect
health
,
neither
of
a
mans
bodie
it selfe
,
nor
of
the
politique
bodie
which
is
compact
of
the
same
.
Of
the
question
what
is
right
and
iust
in
euerie
common
wealth
.
CHAP.
5.
SO
when
the
common
wealth
is
euill
gouerned
by
an
euill
ruler
and
vniust
(
as
in
the
three
last
named
which
be
rather
a
sickenesse
of
the
politique
bodie
than
perfect
&
good
estates
)
if
the
lawes
be
made
,
as
most
like
they
be
alwayes
to
maintaine
that
estate
:
the
question
remaineth
whether
the
obedience
of
them
be
iust
,
and
the
disobedience
wrong
:
the
profit
and
conseruation
of
that
estate
right
and
iustice
,
or
the
dissolution
:
and
whether
a
good
and
vpright
man
,
and
louer
of
his
countrie
ought
to
maintaine
and
obey
them
,
or
to
seeke
by
all
meanes
to
abolish
them
,
which
great
&
hautie
courages
haue
often
attempted
:
as
Dion
to
rise
vp
against
Dionysius
,
Thrasibulus
against
the
xxx
.
tyrantes
,
Brutus
and
Cassius
against
Caesar
,
which
hath
bin
cause
of
many
commotions
in
common
wealthes
,
whereof
the
iudgement
of
the
common
people
is
according
to
the
euent
and
successe
:
of
them
which
be
learned
,
according
to
the
purpose
of
the
doers
,
and
the
estate
of
the
time
then
present
.
Certaine
it
is
that
it
is
alwayes
a
doubtfull
and
hasardous
matter
to
meddle
with
the
chaunging
of
the
lawes
and
gouernement
,
or
to
disobey
the
orders
of
the
rule
or
gouernment
,
which
a
man
doth
finde
alreadie
established
.
That
common
wealthes
or
gouernements
are
not
most
commonly
simple
but
mixt
.
CHAP.
6
NOw
although
the
gouernements
of
common
wealthes
be
thus
diuided
into
three
,
and
cutting
ech
into
two
,
so
into
sixe
,
yet
you
must
not
take
that
ye
shall
finde
any
common
wealth
or
gouernement
simple
,
pure
and
absolute
in
his
sort
and
kinde
,
but
as
wise
men
haue
diuided
for
vnderstandinges
sake
and
fantasied
iiii
.
simple
bodies
which
they
call
elementes
,
as
fire
,
ayre
,
water
,
earth
,
and
in
a
mans
bodie
foure
complexions
or
temperatures
,
as
cholericke
,
sanguine
,
phlegmatique
,
and
melancolique
:
not
that
ye
shall
finde
the
one
vtterly
perfect
without
mixtion
of
the
other
,
for
that
nature
almost
will
not
suffer
,
but
vnderstanding
doth
discerne
ech
nature
as
in
his
sinceritie
:
so
seldome
or
neuer
shall
you
finde
common
wealthes
or
gouernement
which
is
absolutely
and
sincerely
made
of
any
of
them
aboue
named
,
but
alwayes
mixed
with
an
other
,
and
hath
the
name
of
that
which
is
more
and
ouerruleth
the
other
alwayes
or
for
the
most
part
.
The
definition
of
a
king
and
of
a
tyrant
.
CHAP.
7.
WHere
one
person
beareth
the
rule
they
define
that
to
be
the
estate
of
a
king
,
Rex
.
who
by
succession
or
election
commeth
with
the
good
will
of
the
people
to
that
gouernement
,
and
doth
administer
the
common
wealth
by
the
lawes
of
the
same
and
by
equitie
,
and
doth
seeke
the
profit
of
the
people
as
much
as
his
owne
.
Tyrannus
.
A
tyraunt
they
name
him
,
who
by
force
commeth
to
the
Monarchy
against
the
will
of
the
people
,
breaketh
lawes
alreadie
made
at
his
pleasure
,
maketh
other
without
the
aduise
and
consent
of
the
people
,
and
regardeth
not
the
wealth
of
his
communes
but
the
aduancement
of
him selfe
,
his
faction
,
&
kindred
.
These
definitions
du
containe
three
differences
:
the
obtaining
of
the
authoritie
,
the
maner
of
administration
thereof
,
&
the
butte
or
marke
whereunto
it
doth
tend
and
shoote
.
So
as
one
may
be
a
tyrant
by
his
entrie
and
getting
of
the
gouernement
,
&
a
king
in
the
administration
thereof
.
As
a
man
may
thinke
of
Octauius
,
and
peraduenture
of
Sylla
.
For
they
both
comming
by
tyranny
and
violence
to
that
state
,
did
seeme
to
trauaile
verie
much
for
the
better
order
of
the
common
wealth
,
howbeit
either
of
them
after
a
diuerse
maner
.
An
other
may
be
a
king
by
entrie
,
&
a
tyrant
by
administration
,
as
Nero
,
Domitian
,
and
Commodus
:
for
the
empire
came
to
them
by
succession
,
but
their
administration
was
vtterly
tyrannicall
,
of
Nero
after
fiue
yeares
,
of
Domitian
and
Commodus
very
shortly
vpon
their
new
honour
.
Some
both
in
the
comming
to
their
Empire
,
and
in
the
butte
which
they
shoot
at
,
be
kings
,
but
the
maner
of
their
ruling
is
tyrannicall
:
as
many
Emperous
after
Caesar
and
Octauius
,
and
many
Popes
of
Rome
.
The
Emperours
claime
this
tyrannicall
power
by
pretence
of
that
Rogation
or
plebiscitum
,
which
Caius
Caesar
or
Octauius
obtained
,
by
which
all
the
people
of
Rome
did
conferre
their
power
&
authority
vnto
Caesar
wholly
.
The
Pope
groundeth
his
from
Christ
(
cui
omnis
potestas
data
est
in
coelo
&
in
terra
)
whose
successor
he
pretendeth
to
be
:
yet
the
generall
Councels
make
a
strife
with
him
,
to
make
the
Popes
power
either
Aristocratian
or
at
the
least
legitimum
regnum
,
&
would
faine
bridle
that
absolutam
potestatem
.
Some
men
doe
iudge
the
same
of
the
kinges
of
Fraunce
,
and
certaine
Princes
of
Italie
and
other
places
,
because
they
make
&
abrogate
lawes
and
edictes
,
lay
on
tributs
and
impositions
of
their
own
will
,
or
by
the
priuate
Counsell
and
aduise
of
their
friends
and
fauorites
only
,
without
the
consent
of
the
people
.
Populus
.
The
people
I
call
that
which
the
word
populus
doth
signifie
,
the
whole
bodie
and
the
three
estates
of
the
common
wealth
:
and
they
blame
Lewes
the
xi
.
for
bringing
the
administration
royall
of
Fraunce
,
from
the
lawfull
and
regulate
raigne
,
to
the
absolute
and
tyrannicall
power
and
gouernement
.
He
himselfe
was
wont
to
glory
and
say
,
he
had
brought
the
crowne
of
Fraunce
hors
de
page
,
as
one
would
say
out
of
Wardship
.
Of
the
absolute
king
.
CHAP.
8.
OTher
do
call
that
kinde
of
administration
which
the
Greekes
do
call
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
not
tyranny
,
but
the
absolute
power
of
a
king
,
which
they
would
pretende
that
euerie
king
hath
,
if
he
would
vse
the
same
.
The
other
they
call
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
or
the
Royall
power
regulate
by
lawes
:
of
this
I
will
not
dispute
at
this
time
.
But
as
such
absolute
administration
in
time
of
warre
when
all
is
in
armes
,
and
when
lawes
hold
their
peace
because
they
cannot
be
heard
,
is
most
necessarie
:
so
in
time
of
peace
,
the
same
is
verie
daungerous
,
aswell
to
him
that
doth
vse
it
,
and
much
more
to
the
people
vpon
whom
it
is
vsed
:
whereof
the
cause
is
the
frailtie
of
mans
nature
,
which
(
as
Plato
saith
)
cannot
abide
or
beare
long
that
absolute
and
vncontrowled
authoritie
,
without
swelling
into
too
much
pride
and
insolencie
.
And
therefore
the
Romances
did
wisely
,
who
woulde
not
suffer
any
man
to
keepe
the
Dictatorship
aboue
fire
monethes
,
Dictatorship
.
because
the
Dictators
(
for
that
time
)
had
this
absolute
power
,
which
some
Greekes
named
a
lawfull
tyrannie
for
a
time
.
As
I
remember
,
Aristotle
,
(
who
of
all
writers
hath
most
absolutely
&
methodically
treated
of
the
diuision
and
natures
of
common
wealthes
)
maketh
this
sort
of
gouernment
to
be
one
kind
of
kings
.
But
all
commeth
to
one
effect
:
for
at
the
first
,
all
kinges
ruled
absolutely
,
as
they
who
were
either
the
heades
&
most
ancient
of
their
families
,
deriued
out
of
their
own
bodies
,
as
Adam
,
Noa
,
Abraham
,
Iacob
,
Esau
,
reigning
absolutely
ouer
their
owne
children
and
bondmen
as
reason
was
▪
or
else
in
the
rude
world
amongest
barbarous
&
ignorant
people
,
some
one
then
whom
God
had
endewed
with
singular
wisedome
to
inuent
thinges
necessary
for
the
nourishing
and
defence
of
the
multitude
,
and
to
administer
iustice
did
so
farre
excell
other
,
that
all
the
rest
were
but
beastes
in
comparison
of
him
,
and
for
that
excellencio
willingly
had
this
authoritie
giuen
him
of
the
multitude
,
and
of
the
Gentils
when
he
was
dead
&
almost
when
he
was
yet
lyuing
,
was
taken
for
a
God
,
of
others
for
a
Prophet
.
Such
among
the
Iewes
were
Moses
,
Iosua
,
&
the
other
iudges
,
as
Samuel
,
&c.
Romulus
&
Numa
amongest
the
Romances
,
Lycurgus
and
Solon
&
diuerse
other
among
the
Greekes
,
Zamolxis
among
the
Thracians
,
Mahomet
among
the
Arabians
:
And
this
kinde
of
rule
among
the
Greekes
is
called
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Tyrannis
.
which
of
it selfe
at
the
first
was
not
a
name
odious
:
But
because
they
who
had
such
rule
at
the
first
,
did
for
the
most
part
abuse
the
same
,
wared
insolent
&
proude
,
vniust
,
and
not
regarding
the
common
wealth
,
committed
such
actes
as
were
horrible
and
odious
,
as
killing
men
without
cause
,
abusing
their
wives
&
daughters
,
taking
and
spoyling
all
mens
goods
at
their
pleasures
,
and
were
not
shepheardes
as
they
ought
to
be
,
but
rather
robbers
and
deuourers
of
the
people
,
wherof
some
were
contemners
of
God
,
as
Dionysius
,
other
while
they
lyued
like
diuils
,
and
would
yet
be
adored
&
accompted
for
Gods
,
as
Caius
Caligula
and
Domitian
:
that
kind
of
administration
and
maner
also
,
at
the
first
not
euill
,
hath
taken
the
signification
&
definition
of
the
vice
of
the
abusers
,
so
that
now
both
in
Greeke
,
Latine
,
and
English
a
tyrant
is
counted
he
,
who
is
an
euill
king
,
&
who
hath
no
regard
to
the
wealth
of
his
people
,
but
seeketh
onely
to
magnifie
himselfe
and
his
,
and
to
satisfie
his
vicious
and
cruell
appetite
,
without
respect
of
God
,
of
right
or
of
the
law
:
because
that
for
the
most
part
they
who
haue
had
that
absolute
power
haue
beene
such
.
Of
the
name
king
&
th
administration
of
England
.
CHAP.
9.
THat
which
we
call
in
one
syllable
king
,
in
english
the
olde
english
men
and
the
Saxons
from
whom
our
tonge
is
deriued
to
this
day
calleth
in
two
syllabes
cyning
,
which
whether
it
commeth
of
cen
or
ken
which
betokeneth
to
know
&
vnderstand
,
or
can
,
which
betokeneth
to
be
able
or
to
haue
power
,
I
can
not
tell
.
The
participle
absolute
of
th
one
we
vse
yet
,
as
when
we
say
a
cunning
man
,
Vir
prudens
aut
sciens
:
the
verbe
of
thother
as
I
can
do
this
,
possum
hoc
facere
.
By
olde
and
auncient
histories
that
I
haue
red
,
I
do
not
vnderstand
that
our
nation
hath
vsed
any
other
generall
authoritie
in
this
realme
neither
Aristocraticall
,
nor
Democraticall
,
but
onely
the
royall
and
kingly
maiestie
which
at
the
first
was
diuided
into
many
and
sundrie
kinges
,
ech
absolutely
reigning
in
his
countrie
,
not
vnder
the
subiection
of
other
,
till
by
fighting
th
one
with
thother
,
the
ouercommed
alwayes
falling
to
the
augmentation
of
the
vanquisher
and
ouercommer
,
at
the
last
the
realme
of
England
grew
into
one
Monarchie
.
Neither
any
one
of
those
kinges
,
neither
he
who
first
had
all
,
tooke
any
inuestiture
at
the
hand
of
Th
emperour
of
Rome
or
of
any
other
superiour
or
forraine
prince
,
but
helde
of
God
to
himselfe
,
and
by
his
sword
his
people
and
crowne
,
acknowledging
no
prince
in
earth
his
superiour
,
and
so
it
is
kept
&
holden
at
this
day
.
Although
king
Iohn
(
by
the
rebellion
of
the
nobilitie
ayded
with
the
daulphin
of
Fraunce
his
power
)
to
appease
the
Pope
who
at
that
time
possessing
the
consciences
of
his
subiectes
was
then
also
his
enemy
and
his
most
greeuous
torment
(
as
some
histories
do
write
)
did
resigne
the
crowne
to
his
legate
Pandulphus
,
and
tooke
it
againe
from
him
as
from
the
Pope
by
faith
and
homage
,
and
a
certaine
tribute
yearly
.
But
that
act
being
neither
approoued
by
his
people
,
nor
established
by
act
of
parliament
,
was
forthwith
and
euer
sithens
taken
for
nothing
,
either
to
binde
the
king
,
his
successors
or
subiectes
.
What
is
a
common
wealth
,
and
the
partes
thereof
.
CHAP.
10.
TO
be
better
vnderstood
hereafter
,
it
is
necessarie
yet
to
make
a
third
diuision
of
the
common
wealth
by
the
partes
thereof
.
Respublica
.
A
common
wealth
is
called
a
society
or
common
doing
of
a
multitude
of
free
men
collected
together
and
vnited
by
common
accord
&
couenauntes
among
themselues
,
for
the
conseruation
of
themselues
aswell
in
peace
as
in
warre
.
For
properly
an
host
of
men
is
not
called
a
common
wealth
but
abusiuely
,
because
they
are
collected
but
for
a
time
and
for
a
fact
:
which
done
,
ech
diuideth
himselfe
from
others
as
they
were
before
.
And
if
one
man
had
as
some
of
the
olde
Romanes
had
(
if
it
be
true
that
is
written
)
v.
thousande
or
x.
thousande
bondmen
whom
he
ruled
well
,
though
they
dwelled
all
in
one
citie
,
or
were
distributed
into
diuerse
villages
,
yet
that
were
no
common
wealth
:
for
the
bondman
hath
no
communion
with
his
master
,
the
wealth
of
the
Lord
,
is
onely
sought
for
,
and
not
the
profit
of
the
slaue
or
bondman
.
For
as
they
who
write
of
these
thinges
haue
defined
,
a
bondman
or
a
slaue
is
as
it
were
(
sauing
life
and
humane
reason
)
but
the
instrument
of
his
Lord
,
as
the
axe
,
the
saw
,
the
chessyll
and
goluge
is
of
the
charpenter
.
Truth
it
is
the
charpenter
looketh
diligently
to
saue
,
correct
and
amend
all
these
:
but
it
is
for
his
owne
profit
,
and
in
consideration
of
him selfe
,
not
for
the
instrumentes
sake
.
And
as
these
be
instruments
of
the
carpenter
,
so
the
plow
,
the
cart
,
the
horse
,
oxe
or
asse
,
be
instrumentes
of
the
husbandman
:
and
though
one
husbandman
had
a
great
number
of
all
those
and
looked
well
to
them
,
it
made
no
common
wealth
nor
could
not
so
be
called
.
For
the
priuate
wealth
of
the
husbandman
is
onely
regarded
,
and
there
is
no
mutuall
societie
or
portion
,
no
law
or
pleading
betweene
th
one
and
thother
.
And
(
as
be
sayth
)
what
reason
hath
the
pot
to
say
to
the
potter
,
why
madest
thou
me
thus
?
or
why
dost
thou
breake
me
after
thou
hast
made
me
?
euen
so
is
the
bondman
or
slaue
which
is
bought
for
monie
:
for
he
is
but
a
reasonable
and
lyuing
instrument
the
possession
of
his
Lorde
and
master
,
reckoned
among
his
goods
,
not
otherwise
admitted
to
the
societie
ciuill
or
common
wealth
,
but
is
part
of
the
possession
and
goods
of
his
Lorde
.
Wherefore
except
there
be
other
orders
and
administrations
amonst
the
Turkes
,
if
the
prince
of
the
Turkes
(
as
it
is
written
of
him
)
doe
repute
all
other
his
bondmen
and
slaues
(
him
selfe
and
his
sonnes
onely
freemen
)
a
man
may
doubt
whether
his
administration
be
to
be
accompted
a
common
wealth
or
a
kingdome
,
or
rather
to
be
reputed
onely
as
one
that
hath
vnder
him
an
infinite
number
of
slaues
or
bondmen
among
whom
there
is
no
right
,
law
nor
common
wealth
compact
,
but
onely
the
will
of
the
Lorde
and
segnior
.
Surely
none
of
the
olde
Greekes
would
call
this
fashion
of
gouernment
Remp.
or
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
for
the
reasons
which
I
haue
declared
before
.
The
first
sort
or
beginning
of
an
house
or
familie
called
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
CHAP.
11.
Then
if
this
be
a
societie
,
and
consisteth
onely
of
free
men
,
the
least
part
therof
must
be
of
two
.
The
naturalest
and
first
coniunction
of
two
toward
the
making
of
a
further
societie
of
continuance
is
of
the
husband
&
of
the
wife
after
a
diuerse
sorte
ech
hauing
care
of
the
familie
:
the
man
to
get
,
to
trauaile
abroad
,
to
defende
:
the
wife
,
to
saue
that
which
is
gotten
,
to
tarrie
at
home
to
distribute
that
which
commeth
of
the
husbandes
labor
for
the
nurtriture
of
the
children
and
family
of
them
both
,
and
to
keepe
all
at
home
neat
and
cleane
.
So
nature
hath
forged
ech
parte
to
his
office
,
the
man
sterne
,
strong
,
bould
,
aduenterous
,
negligent
of
his
bewtie
,
&
spending
.
The
woman
weake
,
fearefull
,
faire
,
curious
of
her
bewtie
,
and
sauing
.
Either
of
them
excelling
other
in
wit
and
wisedome
to
conduct
those
thinges
which
appertaine
to
their
office
,
and
therefore
where
their
wisedome
doth
excell
,
therein
it
is
reason
that
ech
should
gouerne
.
And
without
this
societie
of
man
,
and
woman
,
the
kinde
of
man
coulde
not
long
endure
.
And
to
this
societie
men
are
so
naturally
borne
that
the
prince
of
all
Philosophers
in
consideration
of
natures
was
not
afraide
to
say
that
a
man
by
nature
is
rather
desirous
to
fellow
him selfe
to
another
and
so
to
liue
in
couple
,
than
to
adherd
himselfe
with
many
.
Although
of
all
thinges
or
lyuing
creatures
a
man
doth
shew
him selfe
most
politique
,
yet
can
he
not
well
liue
without
the
societie
&
fellowship
ciuill
.
He
that
can
liue
alone
saith
Aristotle
is
either
a
wild
beast
in
a
mans
likenes
,
or
else
a
god
rather
than
a
man
.
So
in
the
house
and
familie
is
the
first
and
most
naturall
(
but
priuate
)
apparance
of
one
of
the
best
kindes
of
a
common
wealth
,
that
is
called
Aristocratia
where
a
few
&
the
best
doe
gouerne
,
and
where
not
one
alwaies
:
but
sometime
and
in
some
thing
one
,
&
sometime
and
in
some
thing
another
doth
beare
the
rule
.
Which
to
maintaine
for
his
part
God
hath
giuen
to
the
man
great
wit
,
bigger
strength
,
and
more
courage
to
compell
the
woman
to
obey
by
reason
or
force
,
and
to
the
woman
bewtie
,
faire
countenaunce
,
and
sweete
wordes
to
make
the
man
to
obey
her
againe
for
loue
.
Thus
ech
obeyeth
and
commaundeth
other
,
and
they
two
togeather
rule
the
house
.
Aristocratia
,
but
Metaphorice
,
for
it
is
but
an
house
,
and
a
little
sparke
resembling
as
it
were
that
gouernement
.
The
first
and
naturall
beginning
of
a
kingdome
in
Greeke
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
CHAP.
12.
BVt
for
so
much
as
it
is
the
nature
of
all
thinges
to
encrease
or
decrease
,
this
house
thus
encreasing
&
multiplying
by
generation
,
so
that
it
cannot
well
be
comprehended
in
one
habitation
,
and
the
children
waring
bigger
,
stronger
,
wiser
,
and
thereupon
naturally
desirous
to
rule
,
the
father
and
mother
sendeth
them
out
in
couples
as
it
were
by
prouining
or
propagation
.
Prouining
or
propagation
is
when
a
man
layeth
a
branch
of
a
Vine
or
Osier
,
or
any
other
tree
into
the
ground
,
so
that
it
taketh
roote
of
it selfe
&
may
liue
though
it
be
cut
then
from
the
first
roote
or
stock
.
Pagus
.
Oppidum
.
Ciuitas
.
And
the
childe
by
mariage
beginneth
as
it
were
to
roote
towards
the
making
of
a
new
stocke
,
and
thereupon
an
other
house
or
familie
.
So
by
this
propagation
or
prouining
first
of
one
,
and
then
another
,
and
so
from
one
to
another
in
space
of
time
,
of
many
howses
was
made
a
streete
or
village
,
of
many
streetes
and
villages
ioyned
together
a
citie
or
borough
.
And
when
many
cities
,
boroughes
and
villages
were
by
common
and
mutuall
consent
for
their
conseruation
ruled
by
that
one
and
first
father
of
them
all
,
it
was
called
a
nation
or
kingdome
.
And
this
seemeth
the
first
and
most
natural
beginning
and
source
of
cities
,
townes
,
nations
,
kingdomes
,
and
of
all
ciuill
societies
.
For
so
long
as
the
great
grandfather
was
aliue
and
able
to
rule
,
it
was
vnnaturall
for
any
of
his
sonnes
or
offprinst
to
striue
with
him
for
the
superioritie
,
or
to
go
about
to
gouerne
or
any
wise
to
dishonour
him
,
from
whom
he
had
receiued
life
and
being
.
And
therefore
such
a
one
doth
beare
the
first
and
natural
example
of
an
absolute
and
perfect
king
.
For
he
loued
them
as
his
owne
children
and
nephewes
,
cared
for
them
as
members
of
his
owne
body
,
prouided
for
them
as
one
hauing
by
long
time
more
experience
than
any
one
or
all
of
them
.
They
againe
honoured
him
as
their
father
of
whose
bodie
they
came
,
obeyed
him
for
his
great
wisedome
and
forecast
,
went
to
him
in
doubtfull
cases
as
to
an
oracle
of
God
,
feared
his
curse
and
malediction
as
proceeding
from
Gods
owne
mouth
.
He
againe
vsed
noriture
:
for
ech
paine
put
vpon
them
,
he
esteemed
as
laide
vpon
himselfe
.
The
first
and
naturall
beginning
of
the
rule
of
a
few
of
the
best
men
called
in
Greeke
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
CHAP.
13.
BVt
when
that
great
grandfather
was
dead
,
the
sonnes
of
him
and
brethren
among
themselves
not
hauing
that
reuerence
to
any
,
nor
confidence
of
wisedome
in
any
one
of
them
,
nor
that
trust
th
one
to
thother
,
betweene
whome
(
as
many
times
it
fareth
with
brethren
)
some
strifes
and
brawlinges
had
before
arisen
:
To
defende
themselues
yet
from
them
which
were
walsh
and
strangers
,
necessarily
agreed
among
themselues
to
consult
in
common
,
and
to
beare
rule
for
a
time
in
order
,
now
one
,
now
another
:
so
that
no
one
might
beare
alwaies
the
rule
,
nor
any
one
be
neglected
.
And
by
this
meanes
if
anie
one
fayled
during
his
yeare
or
time
by
ignoraunce
,
the
next
(
being
either
wiser
of
himselfe
,
or
else
by
his
brothers
error
&
fault
)
amended
it
.
And
in
the
meane
while
,
at
diuerse
and
most
times
when
vrgent
necessitie
did
occurre
,
they
consulted
all
those
heads
of
families
together
within
themselues
,
how
to
demeane
and
order
their
matters
,
best
for
the
conseruation
of
themselues
,
and
ech
of
their
families
,
generally
and
particularly
.
Thus
a
few
being
heades
and
the
chiefe
of
their
families
,
equall
in
birth
and
nobilitie
,
and
not
much
different
in
riches
,
gouerned
their
owne
houses
and
the
descendentes
of
them
particularly
,
and
consulted
in
common
vpon
publike
causes
,
agreeing
also
vpon
certaine
lawes
and
orders
to
be
kept
amongst
them
.
So
the
best
,
chiefest
and
sagest
did
rule
,
and
thother
part
had
no
cause
to
striue
with
them
,
nor
had
no
cause
nor
apparance
to
compare
with
anie
of
them
,
neither
for
age
nor
discretion
,
nor
for
riches
or
nobilitie
.
The
rulers
sought
ech
to
keepe
and
maintaine
their
posteritie
,
as
their
sonnes
and
nephewes
,
and
such
as
shoulde
succeede
them
and
carie
their
names
when
they
were
deade
,
and
so
render
them
being
mortall
by
nature
immortall
by
their
fame
and
succession
of
posteritie
:
hauing
most
earnest
care
to
maintaine
still
this
their
cousinage
and
common
familie
aswell
against
forraigne
and
barbarous
nations
,
which
were
not
of
their
progenie
,
tongue
,
or
religion
,
as
against
wilde
and
sauage
beasts
.
This
seemeth
the
naturall
sourse
and
beginning
or
image
of
that
rule
of
the
fewer
number
,
which
is
called
of
the
Greekes
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
and
of
the
Latines
optimatum
respublica
.
The
first
originall
or
beginning
of
the
rule
of
the
multitude
called
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
CHAP.
14.
NOw
as
time
bringeth
an
ende
of
all
thinges
,
these
brethren
being
all
dead
,
and
their
offpring
encreasing
daily
to
a
great
multitude
,
and
the
reuerence
due
to
the
old
fathers
in
such
and
so
great
number
of
equals
fayling
by
the
reason
of
the
death
or
doting
of
the
Elders
:
eche
owing
their
merites
of
education
apart
to
their
fathers
and
grandfathers
,
and
so
many
arising
and
such
equalitie
among
them
,
it
was
not
possible
that
they
should
be
content
to
be
gouerned
by
a
fewe
.
For
two
thinges
being
such
as
for
the
which
men
in
society
and
league
do
most
striue
,
that
is
honour
and
profitte
,
no
man
of
free
courage
can
be
contented
to
be
neglected
therein
,
so
that
they
were
faine
of
necessitie
to
come
to
that
,
that
the
more
part
should
beare
the
price
away
in
election
of
magistrates
and
rulers
.
So
that
either
by
course
or
by
lot
ech
man
in
turne
might
be
receaued
to
beare
rule
and
haue
his
part
of
the
honour
,
and
(
if
any
were
)
of
the
profit
,
which
came
by
administration
of
the
common
wealth
.
For
whosoeuer
came
of
that
old
great
grandfathers
race
,
he
accompted
him selfe
as
good
of
birth
as
any
other
.
For
seruice
to
the
common
wealth
all
or
such
a
number
had
done
it
,
as
they
coulde
not
be
accompted
few
.
And
if
a
few
would
take
vpon
them
to
vsurpe
ouer
the
rest
,
the
rest
conspiring
together
would
soone
be
master
ouer
them
,
and
ruinate
them
wholly
.
Whereupon
necessarily
it
came
to
passe
that
the
common
wealth
must
turne
and
alter
as
before
from
one
to
a
few
,
so
now
from
a
few
to
many
and
the
most
part
,
ech
of
these
yet
willing
to
saue
the
politicke
bodie
,
to
conserue
the
authoritie
of
their
nation
,
to
defende
themselues
against
all
other
,
their
strife
being
onely
for
empire
and
rule
,
and
who
shoulde
doe
best
for
common
wealth
,
whereof
they
would
haue
experience
made
by
bearing
office
and
being
magistrates
.
This
I
take
for
the
first
and
naturall
beginning
of
the
rule
of
the
multitude
which
the
Greekes
called
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
:
the
Latines
some
Republica
by
the
generall
name
,
some
populi
potestas
,
some
census
potestas
,
I
cannot
tell
howe
latinely
.
That
the
common
wealth
or
policie
must
be
according
to
the
nature
of
the
people
.
CHAP.
15.
BY
this
processe
and
discourse
it
doth
appeare
that
the
mutations
&
changes
of
fashions
of
gouernement
in
common
wealthes
be
naturall
,
&
do
not
alwayes
come
of
ambition
or
malice
:
And
that
according
to
the
nature
of
the
people
,
so
the
common
wealth
is
to
it
sit
&
proper
.
And
as
all
these
iii.
kindes
of
common
wealthes
are
naturall
,
so
when
to
ech
partie
or
espece
and
kinde
of
the
people
that
is
applied
which
best
agreeth
like
a
garment
to
the
bodie
or
shoe
to
the
foote
,
then
the
bodie
politique
is
in
quiet
,
&
findeth
ease
,
pleasure
and
profit
.
But
if
a
contrary
forme
be
giuen
to
a
contrary
maner
of
people
,
as
when
the
shoe
is
too
litle
or
too
great
for
the
foote
,
it
doth
hurt
and
encomber
the
conuenient
vse
thereof
,
so
the
free
people
of
nature
tyrannized
or
ruled
by
one
against
their
willes
,
were
he
neuer
so
good
,
either
faile
of
corage
and
were
seruile
,
or
neuer
rest
vntill
they
either
destroie
their
king
and
them
that
would
subdue
them
,
or
be
destroyed
themselues
:
And
againe
another
sort
there
is
which
without
being
ruled
by
on●e
prince
but
set
at
libertie
cannot
tell
what
they
shoulde
doe
,
but
either
through
insolencie
,
pride
and
idlenes
will
fall
to
robbery
and
all
mischiefe
,
and
to
scatter
and
dissolue
themselues
,
or
with
foolish
ambition
and
priuate
strife
consume
one
another
and
bring
themselues
to
nothing
.
Of
both
these
two
we
haue
histories
enough
to
beare
witnesse
,
as
the
Greekes
,
Romanes
,
Samnites
,
Danes
Uandals
,
and
others
.
Yet
must
you
not
thinke
,
that
al
common
wealthes
,
administrations
and
rulinges
began
on
this
sort
,
by
prouining
or
propagation
,
as
is
before
written
,
but
many
times
after
a
great
battle
and
long
war
the
captaine
who
led
a
multitude
of
people
,
gathered
peraduenture
of
diuerse
nations
&
languages
,
liking
the
place
which
he
hath
by
force
conquered
,
tarieth
there
,
&
beginneth
a
common
wealth
after
this
maner
,
&
for
the
most
part
a
kingdome
.
As
the
Gothes
&
Lumbardes
in
Italie
,
the
Frenchmen
in
Gaule
,
the
Sarasins
in
Spaine
and
part
of
Fraunce
,
the
Saxons
in
great
Brittaine
,
which
is
nowe
called
Englande
:
of
which
when
that
one
and
chiefe
prince
is
dead
,
the
nobler
sort
consult
among
themselues
,
and
either
choose
an
other
head
and
king
,
or
diuide
it
into
more
heads
&
rulers
,
so
did
the
Lumbards
in
Italie
,
and
the
Saxons
in
England
,
or
take
at
the
first
a
common
rule
&
popular
estate
,
as
the
Zwisers
did
in
their
cantons
&
do
yet
at
this
day
,
or
else
admit
the
rule
of
a
certaine
fewe
,
excluding
the
multitude
and
communaltie
,
as
the
Paduans
,
Veronenses
,
and
Venetians
haue
accustomed
.
The
diuision
of
the
parts
and
persons
of
the
common
wealth
.
CHAP.
16.
TO
make
all
thinges
yet
cleare
before
,
as
we
shal
go
,
there
ariseth
another
diuision
of
the
partes
of
the
common
wealth
.
For
it
is
not
enough
to
say
that
it
consisteth
of
a
multitude
of
houses
&
families
which
make
stretes
&
villages
,
&
the
multitude
of
the
stretes
&
villages
make
townes
,
and
the
multitude
of
townes
the
realme
,
&
that
freemen
be
considered
only
in
this
behalf
,
as
subiects
&
citizens
of
the
commonwealth
,
&
not
bondmen
who
can
beare
no
rule
nor
iurisdiction
ouer
freemen
,
as
they
who
be
taken
but
as
instruments
&
the
goods
and
possessions
of
others
.
In
which
consideration
also
we
do
reiect
women
,
as
those
whom
nature
hath
made
to
keepe
home
and
to
nourish
their
familie
and
children
,
and
not
to
medle
with
matters
abroade
,
nor
to
beare
office
in
a
citie
or
common
wealth
no
more
than
children
and
infantes
:
except
it
be
in
such
cases
as
the
authoritie
is
annexed
to
the
blood
and
progenie
,
as
the
crowne
,
a
dutchie
,
or
an
erledome
,
for
there
the
blood
is
respected
,
not
the
age
nor
the
sexe
.
Whereby
an
absolute
Quéene
,
an
absolute
Dutches
or
Countesse
,
those
I
call
absolute
,
which
haue
the
name
,
not
by
being
maried
to
a
king
,
duke
,
or
erle
,
but
by
being
the
true
,
right
&
next
successors
in
the
dignitie
,
and
vpon
whom
by
right
of
the
blood
that
title
is
descended
:
These
I
say
haue
the
same
authoritie
although
they
be
women
or
children
in
that
kingdome
,
dutchie
or
earledome
,
as
they
shoulde
haue
had
if
they
had
bin
men
of
full
age
.
For
the
right
and
honour
of
the
blood
,
and
the
quietnes
and
suertie
of
the
realme
,
is
more
to
be
considered
,
than
either
the
tender
age
as
yet
impotent
to
rule
,
or
the
sexe
not
accustomed
(
otherwise
)
to
intermeddle
with
publicke
affaires
,
being
by
common
intendment
vnderstood
,
that
such
personages
neuer
do
lacke
the
counsell
of
such
graue
and
discreete
men
as
be
able
to
supplie
all
other
defectes
.
This
(
as
I
sayde
)
is
not
enough
.
But
the
diuision
of
these
which
be
participant
of
the
common
wealth
is
one
way
of
them
that
beare
office
,
the
other
of
them
that
beare
none
:
the
first
are
called
magistrates
,
the
second
priuate
men
.
Another
the
like
was
among
the
Romanes
of
Partricij
&
plebei
,
th
one
striuing
with
thother
a
long
time
,
the
patricij
many
yeares
excluding
the
plebes
from
bearing
rule
,
vntill
at
last
all
magistrates
were
made
common
betweene
them
:
yet
was
there
another
diuision
of
the
Romanes
into
senatores
,
equites
and
plebs
:
the
Greekes
had
also
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
The
French
haue
also
at
this
day
,
les
nobles
&
la
populare
,
or
gentils
homes
&
villaines
:
we
in
England
diuide
our
men
commonly
into
foure
fortes
,
gentlemen
,
citizens
and
yeomen
artificers
,
and
laborers
.
Of
gentlemen
the
first
and
chiefe
are
the
king
,
the
prince
,
dukes
,
marquises
,
earles
,
vicountes
,
barrons
,
and
these
are
called
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
the
nobility
,
and
all
these
are
called
Lords
and
noblemen
:
next
to
these
be
knights
,
esquiers
and
simple
gentlemen
.
Of
the
first
part
of
gentlemen
of
englande
called
Nobilitas
maior
.
CHAP.
17.
Eldest
sonnes
of
dukes
are
not
earles
by
birth
,
but
Lordes
,
and
take
their
place
aboue
earles
,
and
so
are
eldest
sons
in
respect
of
barons
.
For
the
eldest
of
dukes
sonnes
during
his
fathers
lyfe
is
called
an
earle
,
an
earles
sonne
is
called
by
the
name
of
a
vicount
,
or
baron
,
or
else
according
as
the
creation
is
.
The
creation
I
cal
the
first
donation
and
condition
of
the
honour
(
giuen
by
the
prince
,
for
good
seruice
done
by
him
and
aduauncement
that
the
prince
will
bestowe
vpon
him
)
which
with
the
title
of
that
honour
is
commonly
(
but
not
alwayes
)
giuen
to
him
and
to
his
heires
,
males
only
:
the
rest
of
the
sonnes
of
the
nobilitie
by
the
rigor
of
the
lawe
be
but
esquiers
,
Esquires
of
honour
or
Lordes
.
yet
in
common
speeche
,
all
dukes
and
marquises
sonnes
,
and
the
eldest
sonne
of
an
earle
be
called
Lordes
.
The
which
name
commonly
doth
agree
to
none
of
lower
degree
than
barrons
,
excepting
such
onely
,
as
be
thereunto
by
some
speciall
office
called
.
The
barrony
or
degree
of
Lordes
doth
answere
to
the
dignitie
of
the
Senators
of
Rome
,
and
the
title
of
our
nobilitie
to
their
patricij
:
when
patricij
did
betoken
senatores
aut
senatorum
filios
.
Census
senatorius
was
in
Rome
,
at
diuerse
times
diuerse
,
and
in
Englande
no
man
is
created
barron
,
excepte
he
may
dispend
of
yearly
reuenue
,
one
thousand
poundes
or
one
thousand
markes
at
the
least
.
Vicountes
,
earles
,
marquises
and
dukes
more
according
to
the
proportion
of
the
degree
and
honour
,
but
though
by
chaunce
he
or
his
sonne
haue
lesse
,
he
keepeth
his
degree
:
but
if
they
decay
by
excesse
,
and
be
not
able
to
maintaine
the
honour
(
as
senatores
Romani
were
amoti
senatu
)
so
sometimes
they
are
not
admitted
to
the
vpper
house
in
the
parliament
,
although
they
keepe
the
name
of
Lorde
still
.
Of
the
second
sort
of
gentlemen
which
may
be
called
Nobilitas
minor
,
&
first
of
knightes
.
CHAP.
18.
NO
man
is
a
knight
by
succession
,
not
the
king
or
prince
.
And
the
name
of
prince
in
england
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
betokeneth
the
kinges
eldest
sonne
or
prince
of
wales
:
although
the
king
himselfe
,
his
eldest
sonne
,
and
all
dukes
be
called
by
generall
name
princes
.
But
as
in
Fraunce
the
kinges
eldest
sonne
hath
the
title
of
the
daulphine
,
and
he
or
the
next
heire
apparant
to
the
crowne
is
monsire
,
so
in
Englande
the
kinges
eldest
sonne
is
called
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
the
prince
.
Knightes
therefore
be
not
borne
but
made
,
either
before
the
battle
to
encourage
them
the
more
to
aduenture
their
liues
,
or
after
the
conflict
,
as
aduauncement
for
their
hardinesse
and
manhood
alreadie
shewed
:
or
out
of
the
warre
for
some
great
seruice
done
,
or
some
good
hope
through
the
vertues
which
do
appeare
in
them
.
And
they
are
made
either
by
the
king
himselfe
,
or
by
his
commission
and
royall
authoritie
,
giuen
for
the
same
purpose
,
or
by
his
liuetenaunt
in
the
warres
,
who
hath
his
royall
and
absolute
power
committed
to
him
for
that
time
.
And
that
order
seemeth
to
aunswere
in
part
to
that
which
the
Romanes
called
Equites
Romanos
,
differing
in
some
pointes
,
and
agreeing
in
other
,
as
their
common
wealth
and
ours
do
differ
and
agree
:
for
neuer
in
all
pointes
one
common
wealth
doth
agree
with
an
other
,
no
nor
long
time
any
one
common
wealth
with
it selfe
.
For
al
chaungeth
continually
to
more
or
lesse
,
and
still
to
diuerse
&
diuerse
orders
,
as
the
diuersity
of
times
do
present
occasion
,
and
the
mutabilitie
of
mens
wittes
doth
inuent
and
assay
new
wayes
,
to
reforme
and
amende
that
were
in
they
do
finde
fault
.
Equites
Romani
were
chosen
ex
censu
,
the
is
according
to
their
substance
and
riches
.
So
be
knightes
in
England
most
commonly
,
according
to
the
yearely
reuenew
of
their
landes
being
able
to
maintaine
that
estate
:
yet
all
they
that
had
Equestrem
censum
,
non
legebantur
equites
.
No
more
are
all
made
knightes
in
Englande
that
may
dispende
a
knightes
land
or
fee
,
but
they
onely
whom
the
king
wil
so
honour
.
The
number
of
Equites
was
vncertaine
,
and
so
it
is
of
knightes
,
at
the
pleasure
of
the
prince
.
Equites
Romani
had
equum
publicum
:
The
knightes
of
England
haue
not
so
,
but
finde
their
own
horse
themselues
in
peace
time
,
and
most
vsually
in
warres
.
Census
equester
was
among
the
Romanes
at
dinerse
times
of
diuerse
valew
:
but
in
England
whosoeuer
may
dispende
of
his
free
landes
40.
l.
sterling
of
yearely
reuenue
by
an
olde
law
of
Englande
either
at
the
coronation
of
the
king
,
or
mariage
of
his
daughter
,
or
at
the
dubbing
of
the
prince
,
knight
,
or
some
such
great
occasion
,
may
be
by
the
king
compelled
to
take
that
order
&
honour
,
or
to
pay
a
fine
,
which
many
not
so
desirous
of
honour
as
of
riches
,
had
rather
disburse
.
Some
who
for
causes
ar
not
thought
worthy
of
the
honor
and
yet
haue
abilitie
,
neither
be
made
knightes
though
they
would
,
and
yet
pay
the
fine
Xl.
l.
sterling
,
at
that
time
when
this
order
began
,
maketh
now
Cxx.
l.
of
currant
mony
of
Englande
:
as
I
haue
more
at
large
declared
in
my
booke
of
the
diuersitie
of
standardes
or
the
valor
of
monies
.
When
the
Romanes
did
write
senatus
populusque
Romanus
,
they
seemed
to
make
but
two
orders
,
that
is
of
the
Senate
and
of
the
people
of
Rome
,
and
so
in
the
name
of
people
they
contayned
equites
and
plebem
:
so
when
we
in
England
do
say
the
Lordes
and
the
commons
,
the
knights
,
esquires
&
other
gentlemen
,
with
citizens
,
burgeses
&
yeomen
be
accompted
to
make
the
commons
.
In
ordaining
of
lawes
the
senate
of
Lordes
of
England
is
one
house
,
where
the
Archbishoppes
and
Bishops
also
be
,
and
the
king
or
Queene
for
the
time
being
as
chiefe
:
the
knightes
and
all
the
rest
of
the
gentlemen
,
citizens
and
burgeses
which
be
admitted
to
consult
vpon
the
greatest
affaires
of
the
Realme
be
in
an
other
house
by
themselues
,
and
that
is
called
the
house
of
the
commons
,
as
we
shal
more
clearely
describe
when
we
speake
of
the
parliament
.
Whereupon
this
worde
knight
is
deriued
,
and
whether
it
do
betoken
no
more
but
that
which
miles
doth
in
latine
,
which
is
a
souldier
,
might
be
moued
as
a
question
.
The
word
souldier
now
seemeth
rather
to
come
of
sould
and
payment
,
and
more
to
betoken
a
waged
or
hyred
man
to
fight
than
otherwise
,
yet
Caesar
in
his
Commentaries
called
soldures
in
the
tongue
gallois
,
men
who
deuoted
&
swore
themselues
in
a
certaine
band
or
othe
one
to
another
and
to
the
captaine
,
which
order
if
the
Almains
did
follow
,
it
may
be
that
they
who
were
not
hyred
but
being
of
the
nation
,
vppon
their
owne
charges
and
for
their
aduauncement
,
and
by
such
common
oth
or
band
that
did
follow
the
warres
,
Verè
Lantzknechti
.
lancearius
:
a
speareman
were
(
possibly
)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
called
knightes
or
milites
,
and
nowe
among
the
Almaines
some
are
called
lanceknights
as
souldiers
of
their
band
not
hyred
,
although
at
this
day
they
be
for
the
most
part
hirelings
.
Or
peraduenture
it
may
be
that
they
which
were
next
about
the
prince
as
his
garde
or
seruauntes
picked
or
chosen
men
out
of
the
rest
being
called
in
the
Almaine
language
,
knighten
which
is
asmuch
to
say
as
seruantes
:
these
men
being
found
of
good
seruice
,
the
word
afterward
was
taken
for
an
honor
,
and
for
him
who
maketh
profession
of
armes
.
Our
language
is
so
chaunged
that
I
dare
make
no
iudgement
thereof
.
Now
we
call
him
knight
in
english
that
the
french
calleth
cheualier
,
Eques
auratus
.
The
making
of
a
knight
.
and
the
lataine
equitem
or
equestris
ordinis
.
And
when
any
man
is
made
a
knight
,
he
kneeling
downe
is
stroken
of
the
prince
,
with
his
sworde
naked
vppon
the
backe
or
shoulder
,
the
prince
saying
:
sus
or
sois
chiualier
au
nom
de
Dieu
and
(
in
times
past
)
they
added
S.
George
,
and
at
his
arising
the
prince
saith
,
auauncèr
.
This
is
the
manner
of
dubbing
of
knights
at
this
present
:
and
that
terme
dubbing
was
the
olde
terme
in
this
point
,
and
not
creation
.
At
the
coronation
of
a
king
or
queene
,
there
be
knightes
of
the
bath
made
with
long
and
more
curious
ceremonies
:
But
howsoeuer
one
by
dubbed
or
made
a
knight
,
his
wife
is
by
and
by
called
a
Ladie
as
well
as
a
barons
wife
:
he
himselfe
is
not
called
Lorde
,
but
hath
to
his
name
in
common
appelation
added
this
syllable
,
Sir
,
as
if
he
before
were
named
,
Thomas
,
William
,
Iohn
,
or
Richard
,
afterward
he
is
alwayes
called
Sir
Thomas
,
Sir
William
,
Iohn
,
Sir
Richard
,
and
that
is
the
title
which
men
giue
to
knightes
in
England
.
This
may
suffice
at
this
time
,
to
declare
the
order
of
knighthood
,
yet
there
is
an
other
order
of
knightes
in
England
which
be
called
the
knightes
of
the
garter
.
King
Edward
the
third
,
after
he
had
obtained
many
notable
victories
,
King
Iohn
of
Fraunce
,
King
Iames
of
Scotland
,
being
both
prisoners
in
the
tower
of
London
at
one
time
,
and
king
Henrie
of
Castell
the
bastard
expulsed
out
of
his
realme
,
and
Don
Petro
restored
vnto
it
by
the
prince
of
Wales
and
Duke
of
Aquitaine
called
the
blacke
prince
,
inuented
a
societie
of
honour
,
and
made
a
choice
out
of
his
owne
realme
and
dominions
,
and
all
Christendom
:
and
the
best
and
most
excellent
renoumed
persons
in
vertues
and
honour
,
he
did
adorne
with
that
title
to
be
knightes
of
his
order
,
gaue
them
a
garter
decked
with
golde
,
pearle
and
precious
stones
,
with
the
buckle
of
gold
,
to
weare
daily
on
the
left
legge
onely
,
a
kirtle
,
gowne
,
cloke
,
chaperon
,
collar
,
and
other
august
and
magnificall
apparell
both
of
stuffe
and
fashion
exquisite
&
heroicall
,
to
weare
at
high
feastes
,
as
to
so
high
and
princely
an
order
was
meete
:
of
which
order
he
and
his
succesors
Kinges
and
Queenes
of
England
to
be
the
soueraigne
,
and
the
rest
by
certaine
statutes
and
lawes
among
themselues
,
be
taken
as
brethren
and
fellowes
in
that
order
,
to
the
number
of
xxvi
.
But
because
this
is
rather
an
ornament
of
the
realme
than
any
policie
or
gouernment
thereof
,
I
leaue
to
speake
any
further
of
it
.
Of
Esquiers
.
CHAP.
19.
EScuier
or
esquier
(
which
we
call
commonly
squire
)
is
a
French
worde
,
and
betokeneth
Scutigerum
or
Armigerum
,
and
be
all
those
which
beare
armes
(
as
we
call
them
)
or
armories
(
as
they
terme
them
in
French
)
which
to
beare
is
a
testimonie
of
the
nobilitie
or
race
from
whence
they
do
come
.
These
be
taken
for
no
distinct
order
of
the
common
wealth
,
but
do
goe
with
the
residue
of
the
gentlemen
:
saue
that
(
as
I
take
it
)
they
be
those
who
beare
armes
,
testimonies
(
as
I
haue
saide
)
of
their
race
,
and
therefore
haue
neither
creation
nor
dubbing
:
or
else
they
were
at
the
first
costerels
or
the
bearers
of
the
armes
of
Lordes
or
knightes
,
and
by
that
had
their
name
for
a
dignitie
and
honour
giuen
to
distinguish
them
from
a
common
souldier
called
in
latine
Gregarius
miles
.
Of
Gentlemen
.
CHAP.
20.
GEntlemen
be
those
whom
their
blood
and
race
doth
make
noble
and
knowne
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
in
Greeke
,
the
Lataines
call
them
all
Nobiles
,
as
the
French
Nobles
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
or
Nobilitas
in
Latine
is
defined
,
honour
or
title
giuen
,
for
that
the
auncestor
hath
bin
notable
in
riches
or
vertues
,
or
(
in
fewer
wordes
)
old
riches
or
prowes
remaining
in
one
stock
.
Which
if
the
successors
do
kéepe
and
follow
,
they
be
verè
nobiles
and
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
:
if
they
doe
not
yet
the
same
and
wealth
of
their
auncestors
serue
to
couer
them
so
long
as
it
can
,
as
a
thing
once
gilted
though
it
be
copper
within
,
till
the
gilt
be
worne
away
.
This
hath
his
reason
,
for
the
Etimologie
of
the
name
serueth
th
efficacie
of
the
worde
.
Gens
in
Latine
betokeneth
the
race
and
sirname
,
so
the
Romaines
had
Cornelios
,
Sergios
,
Appios
,
Fabios
,
AEmilios
,
Pisones
,
Iulio
,
Brutos
,
Valerios
,
of
which
who
were
Agnati
,
and
therefore
kept
the
name
,
were
also
Gentiles
:
and
remaining
the
memorie
of
the
glorie
of
their
progenitors
fame
,
were
gentlemen
of
that
or
that
race
.
This
matter
made
a
great
strife
among
the
Romanes
,
when
those
which
were
Noui
homines
were
more
allowed
,
for
their
vertues
new
and
newly
showen
,
than
the
olde
smell
of
auncient
race
newly
defaced
by
the
cowardise
and
euill
life
of
their
nephewes
and
discendauntes
could
make
the
other
to
be
.
Thus
the
Cicerones
,
Catones
,
and
Marij
had
much
adoe
with
those
auncients
,
and
therefore
said
Iuuenalis
:
Malo
pater
tibi
sit
Tersites
,
dummodo
tu
sis
AEacidi
similis
vulcaniaque
arma
capessas
,
Quàm
te
Thersiti
similem
producat
Achilles
.
But
as
other
common
wealthes
were
faine
to
doe
,
so
must
all
princes
necessarily
followe
,
that
is
,
where
vertue
is
to
honour
it
:
and
although
vertue
of
auncient
race
be
earlier
to
be
obtained
,
aswell
by
the
example
of
the
progenitors
,
which
encourageth
,
as
also
through
habilitie
of
education
and
bringing
vp
,
which
enableth
,
and
the
lastly
enraced
loue
of
tenants
&
neybors
to
such
noblemen
and
gentlemen
,
of
whom
they
holde
and
by
whom
they
doe
dwell
,
which
pricketh
forward
to
ensue
in
their
fathers
steps
.
So
it
all
this
doe
faile
(
as
it
were
great
pitie
it
should
)
yet
such
is
the
nature
of
all
humaine
thinges
,
and
so
the
world
is
subiect
to
mutability
,
that
it
doth
many
times
faile
:
but
when
it
doth
,
the
prince
and
common
wealth
haue
the
same
power
that
their
predecessors
had
,
and
as
the
husbandman
hath
to
plant
a
new
tree
where
the
olde
fayleth
,
so
hath
the
prince
to
honour
vertue
where
he
doth
finde
it
,
to
make
gentlemen
,
esquiers
,
knights
,
barons
,
earles
marquises
&
dukes
,
where
he
seeth
vertue
able
to
beare
that
honour
or
merits
,
and
deserues
it
,
&
so
it
hath
alwayes
bin
vsed
among
vs
.
But
ordinarily
the
king
doth
only
make
knights
and
create
barons
or
higher
degrees
:
for
as
for
gentlemen
,
they
be
made
good
cheape
in
England
.
For
whosoeuer
studieth
the
lawes
of
the
realme
,
who
studieth
in
the
vniuersities
,
who
professed
liberall
sciences
,
and
to
be
shorte
,
who
can
liue
idly
and
without
manuall
labour
,
and
will
beare
the
port
,
charge
and
countenaunce
of
a
gentleman
,
he
shall
be
called
master
,
for
that
is
the
title
which
men
giue
to
esquires
and
other
gentlemen
,
and
shall
be
taken
for
a
gentleman
:
for
true
it
is
with
vs
as
is
saide
,
Tanti
eris
alijs
quanti
tibi
feceris
:
(
and
if
neede
be
)
a
king
of
Heraulds
shal
also
give
him
for
mony
,
armes
newly
made
and
inuented
,
the
title
whereof
shall
pretende
to
haue
beene
found
by
the
said
Herauld
in
perusing
and
viewing
of
olde
registers
,
where
his
auncestors
in
times
past
had
bin
recorded
to
beare
the
same
:
Or
if
he
wil
do
it
more
truely
and
of
better
faith
,
he
will
write
that
for
the
merittes
of
that
man
,
and
certaine
qualities
which
he
doth
see
in
him
,
and
for
sundrie
noble
actes
which
he
hath
perfourmed
,
he
by
the
authoritie
which
he
hath
as
king
of
Heraldes
&
armes
,
giveth
to
him
and
his
heires
these
and
these
armes
,
which
being
done
I
thinke
he
may
be
called
a
squire
,
for
he
beareth
ever
after
those
armes
.
Such
men
are
called
sometime
in
scorne
gentlemen
of
the
first
head
.
Whether
the
maner
of
England
in
making
gentlemen
so
easily
is
to
be
allowed
.
CHAP.
21.
A
Man
may
make
doubt
&
question
whether
this
maner
of
making
gentlemen
is
to
be
allowed
or
no
,
&
for
my
part
I
am
of
that
opinion
the
it
is
not
amisse
.
For
first
the
prince
looseth
nothing
by
it
,
as
he
shoulde
doe
it
it
were
as
in
Fraunce
:
for
the
yeomen
or
husbandman
is
no
more
subiect
to
taile
or
taxe
in
Englande
than
the
gentleman
:
no
,
in
every
payment
to
the
king
the
gentleman
is
more
charged
,
which
he
beareth
the
gladlier
and
dareth
not
gainesaie
for
to
save
and
keepe
his
honour
and
reputation
.
In
any
shew
or
muster
or
other
particular
charge
of
the
towne
where
he
is
,
he
must
open
his
purse
wider
and
augment
his
portion
above
others
,
or
else
he
doth
diminish
his
reputation
.
As
for
their
outward
shew
,
a
gentleman
(
if
he
wil
be
so
accompted
)
must
go
like
a
gentleman
,
a
yeoman
like
a
yeoman
,
and
a
rascall
like
a
rascall
:
and
if
he
be
called
to
the
warres
,
he
must
and
will
(
whatsoever
it
cost
him
)
array
himselfe
and
arme
him
according
to
the
vocation
which
he
pretendeth
:
he
must
shew
also
a
more
manly
corage
&
tokens
of
better
education
,
higher
stomacke
and
bountifuller
liberallitie
than
others
,
and
keepe
aboute
him
idle
seruauntes
,
who
shall
doe
nothing
but
waite
vpon
him
.
So
that
no
man
hath
hurt
by
it
but
he
himselfe
,
who
hereby
perchance
will
beare
a
bigger
saile
than
he
is
able
to
maintaine
.
For
as
touching
the
policie
and
goverment
of
the
common
wealth
,
it
is
not
those
that
haue
to
do
with
it
,
which
will
magnifie
them selves
,
and
goe
in
higher
buskins
than
their
estate
will
beare
:
but
they
which
are
to
be
appointed
,
are
persons
tryed
and
well
knowen
,
as
shall
be
declared
hereafter
.
Of
Citizens
and
Burgesses
.
CHAP.
22.
NExt
to
gentlemen
,
be
appointed
citizens
and
burgesses
,
such
as
not
onely
be
free
and
receiued
as
officers
within
the
cities
,
but
also
be
of
some
substance
to
beare
the
charges
.
But
these
citizens
and
burgesses
,
be
to
serve
the
common
wealth
,
in
their
cities
&
burrowes
,
or
incorporate
townes
where
they
dwell
.
Generally
in
the
thyres
they
be
of
none
accompt
,
saue
onely
in
the
common
assembly
of
the
realme
to
make
lawes
,
which
is
called
the
Parliament
.
The
aunciet
cities
appoint
iiii
.
and
ech
burrough
ii
.
to
haue
voices
in
it
,
and
to
giue
their
consent
or
dissent
in
the
name
of
the
citie
or
burrough
,
for
which
they
be
appointed
.
Of
Yeomen
.
CHAP.
23.
THose
whom
we
call
yeomen
next
vnto
the
nobilitie
,
knightes
and
squires
,
haue
the
greatest
charge
and
doings
in
the
common
wealth
,
or
rather
are
more
trauailed
to
serue
in
it
than
all
the
rest
:
as
shall
appeare
hereafter
.
I
call
him
a
yeoman
whom
our
lawes
doe
call
Legalem
hominem
,
a
worde
familiar
in
writtes
and
enquestes
,
which
is
a
fréeman
borne
English
,
and
may
dispend
of
his
owne
frée
lande
in
yearly
reuenue
to
the
summe
of
xl
.
s.
sterling
:
This
maketh
(
if
the
iust
value
were
taken
now
to
the
proportion
of
monies
)
vt
.
l.
of
our
currant
mony
at
this
present
.
This
sort
of
people
confesse
themselves
to
be
no
gentlemen
,
but
giue
the
honour
to
al
which
be
or
take
vpon
them
to
be
gentlemen
,
and
yet
they
haue
a
certaine
preheminence
and
more
estimation
than
laborers
and
artificers
,
and
commonly
liue
welthilie
,
kéepe
good
houses
,
&
do
their
businesse
,
&
trauaile
to
acquire
riches
:
these
be
(
for
the
most
part
)
fermors
vnto
gentlemen
,
which
with
grasing
,
frequenting
of
markettes
,
and
kéeping
seruauntes
not
idle
as
the
gentleman
doth
,
but
such
as
get
both
their
owne
liuing
and
parte
of
their
maisters
,
by
these
meanes
doe
come
to
such
wealth
,
that
they
are
able
and
daily
doe
buy
the
landes
of
vnthriftie
gentlemen
,
and
after
setting
their
sonnes
to
the
schoole
at
the
Uniuersities
,
to
the
lawe
of
the
Realme
,
or
otherwise
leauing
them
sufficient
landes
whereon
they
may
liue
without
labour
,
doe
make
their
saide
sonnes
by
those
meanes
gentlemen
.
These
be
not
called
masters
,
for
that
(
as
I
saide
)
pertaineth
to
gentlemen
onely
:
But
to
their
surnames
,
men
adde
goodman
:
as
if
the
Surname
be
Luter
,
Finch
,
White
,
Browne
,
they
are
called
,
goodman
Luter
,
goodman
White
,
goodman
Finch
,
goodman
Browne
,
amongest
their
neighbours
,
I
meane
not
in
matters
of
importance
or
in
lawe
.
But
in
matters
of
lawe
and
for
distinction
,
if
one
were
a
knight
they
would
write
him
(
for
example
sake
)
sir
Iohn
Finch
knight
,
so
if
he
be
an
esquier
,
Iohn
Finch
esquier
or
gentleman
,
if
he
be
no
gentleman
,
Iohn
Finch
yeoman
.
For
amongest
the
gentlemen
they
which
claime
no
higher
degrée
,
and
yet
be
to
be
exempted
out
of
the
number
of
the
lowest
sort
thereof
,
be
written
esquiers
.
So
amongest
the
husbandmen
labourers
lowest
and
rascall
sort
of
the
people
such
as
be
exempted
out
of
the
number
of
the
rascabilitie
of
the
popular
bee
called
and
written
yeomen
,
as
in
the
degrée
next
vnto
gentlemen
.
These
are
they
which
olde
Cato
calleth
Aratores
and
optimos
ciues
in
Republica
:
and
such
as
of
whom
the
writers
of
common
wealthes
praise
to
haue
manie
in
it
.
Aristoteles
namely
reciteth
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
:
these
tende
their
owne
businesse
,
come
not
to
meddle
in
publike
matters
and
iudgements
but
when
they
are
called
,
and
gladde
when
they
are
delivered
thereof
,
are
obedient
to
the
gentlemen
and
rulers
,
and
in
warre
can
abide
trauaile
and
labour
as
men
vsed
to
it
,
yet
within
it
soone
at
an
ende
that
they
might
come
home
&
liue
of
their
owne
.
When
they
are
foorth
they
fight
for
their
Lordes
of
whom
they
hold
their
landes
,
for
their
wiues
and
children
,
for
their
countrey
and
nation
,
for
praise
and
honour
,
against
they
come
home
,
and
to
haue
the
loue
of
their
Lorde
and
his
children
to
be
continued
towardes
them
and
their
children
,
which
have
aduentured
their
liues
to
and
with
him
and
his
.
These
are
they
which
in
the
old
world
gat
that
honour
to
Englande
,
not
that
either
for
witte
,
conduction
,
or
for
power
they
are
or
were
euer
to
be
compared
to
the
gentlemen
,
but
because
they
be
so
manie
in
number
,
so
obedient
at
the
Lordes
call
,
so
strong
of
bodie
,
so
heard
to
endure
paine
,
so
couragious
to
aduenture
with
their
Lorde
or
Captaine
going
with
,
or
before
them
,
for
else
they
be
not
hastie
nor
neuer
were
,
as
making
no
prosession
of
knowledge
of
warre
.
These
were
the
good
archers
in
times
past
,
and
the
stable
troupe
of
footemen
that
affaide
all
France
,
that
would
rather
die
all
,
than
once
abandon
the
knight
or
gentleman
their
Captaine
,
who
at
those
daies
commonly
was
their
Lorde
,
and
whose
tenauntes
they
were
,
readie
(
besides
perpetuall
shame
)
to
be
in
danger
of
vndoing
of
them selues
,
&
all
theirs
if
they
should
showe
any
signe
of
cowardise
or
abandon
the
Lorde
,
Knight
or
Gentlemen
of
whom
they
helde
their
liuing
.
And
this
they
haue
amongest
them
from
their
forefathers
tolde
one
to
an
other
.
The
gentlemen
of
France
and
the
yeoman
of
Englande
are
renowned
,
because
in
battle
of
horsemen
Fraunce
was
many
times
too
good
for
vs
,
as
we
againe
alway
for
them
on
foote
.
And
gentlemen
for
the
most
part
be
men
at
armes
and
horsemen
,
and
yeomen
commonlie
on
foote
:
howesoeuer
it
was
,
yet
the
gentlemen
had
alwaies
the
conduction
of
the
yeomen
,
and
as
their
captaines
were
either
a
foote
or
vppon
a
little
nagge
with
them
,
and
the
Kinges
of
Englande
in
foughten
battles
remaining
alwaies
among
the
footemen
,
as
the
French
Kinges
amongst
their
horsemen
.
Each
Prince
therby
,
as
a
man
may
gesse
,
did
shew
where
he
thought
his
strength
did
consist
.
What
a
yeoman
is
I
haue
declared
,
but
from
whence
the
worde
is
deriued
it
is
hard
to
say
:
it
cannot
be
thought
that
yeomen
should
be
said
a
young
man
,
for
commonly
wee
doe
not
call
any
a
yeoman
till
he
be
married
,
and
haue
children
,
and
as
it
were
haue
authoritie
among
his
neighbours
.
Yonker
in
lowe
dutch
betokeneth
a
meane
gentleman
or
a
gay
fellowe
.
Possible
our
yeomen
not
beeing
so
bolde
as
to
name
themselues
gentlemen
,
when
they
came
home
,
were
content
when
they
had
heard
by
frequentation
with
lowe
dutchmen
of
some
small
gentleman
(
but
yet
that
would
be
counted
so
)
to
be
called
amongest
them
,
yonker
man
,
the
calling
so
in
warres
by
mockage
or
in
sport
th
one
an
other
,
when
they
come
home
,
yonker
man
,
and
so
yeoman
:
which
worde
now
signifieth
among
vs
,
a
man
well
at
ease
and
hauing
honestlie
to
liue
,
and
yet
not
a
gentleman
:
whatsoeuer
that
worde
yonker
man
,
yonke
man
,
or
yeoman
doth
more
or
lesse
signifie
to
the
dutch
men
.
Of
the
fourth
sort
of
men
which
doe
not
rule
.
CHAP.
24.
THe
fourth
sort
or
classe
amongest
vs
,
is
of
those
which
the
olde
Romans
called
capite
censij
proletarij
or
operae
,
day
labourers
,
poore
husbandmen
,
yea
marcantes
or
retailers
which
haue
no
frée
lande
,
copiholders
,
and
all
artificers
,
as
Taylers
,
Shoomakers
,
Carpenters
,
Brickemakers
,
Bricklayers
,
Masons
,
&c.
These
haue
no
voice
nor
authoritie
in
our
common
wealth
,
and
no
account
is
made
of
them
but
onelie
to
be
ruled
,
not
to
rule
other
,
and
yet
they
be
not
altogether
neglected
.
For
in
cities
and
corporate
townes
for
default
of
yeomen
,
enquests
and
Iuries
are
impaneled
of
such
manner
of
people
.
And
in
villages
they
be
commonly
made
Churchwardens
,
alecunners
,
and
manie
times
Constables
,
which
office
toucheth
more
the
common
wealth
,
and
at
the
first
was
not
imployed
vppon
such
lowe
and
base
persons
.
Wherefore
generally
to
speake
of
the
common
wealth
,
or
policie
of
Englande
,
it
is
gouerned
,
administred
,
&
manured
by
thrée
sortes
of
persons
,
the
Prince
,
Monarch
,
and
head
gouerner
,
which
is
called
the
king
,
or
if
the
crowne
fall
to
a
woman
,
the
Quéene
absolute
,
as
I
haue
héeretofore
saide
:
In
whose
name
and
by
whose
authoritie
all
things
are
administred
.
The
gentlemen
,
which
be
diuided
into
two
partes
,
the
Baronie
or
estate
of
Lordes
conteyning
barons
and
all
that
bee
aboue
the
degrée
of
a
baron
,
(
as
I
haue
declared
before
)
:
and
those
which
be
no
Lords
,
as
Knightes
,
Esquires
,
and
simplely
gentlemen
.
The
thirde
and
last
sorte
of
persons
is
named
the
yeomanrie
:
each
of
these
hath
his
part
and
administration
in
indgementes
,
corrections
of
defaultes
,
in
election
of
offices
,
in
appointing
and
collection
of
tributes
and
subsidies
,
or
in
making
lawes
,
as
shall
appeare
héereafter
.
THE
SECOND
booke
.
Of
the
Parliament
and
the
authoritie
thereof
.
CHAP.
1.
THe
most
high
and
absolute
power
of
the
realme
of
Englande
,
consisteth
in
the
Parliament
.
For
as
in
warre
where
the
king
himselfe
in
person
,
the
nobilitie
,
the
rest
of
the
gentilitie
,
and
the
yeomanrie
are
,
is
the
force
and
power
of
Englande
:
so
in
peace
&
consultation
where
the
Prince
is
to
giue
life
,
and
the
last
and
highest
commaundement
,
the
Baronie
for
the
nobilitie
and
higher
;
the
knightes
,
esquiers
,
gentlemen
and
commons
for
the
lower
part
of
the
common
wealth
,
the
bishoppes
for
the
clergie
bee
present
to
aduertise
,
consult
and
shew
what
is
good
and
necessarie
for
the
common
wealth
,
and
to
consult
together
,
and
vpon
mature
deliberation
euerie
bill
or
lawe
being
thrise
reade
and
disputed
vppon
in
either
house
,
the
other
two
partes
first
each
a
part
,
and
after
the
Prince
himselfe
in
presence
of
both
the
parties
doeth
consent
vnto
and
alloweth
.
That
is
the
Princes
and
whole
realmes
déede
:
whereupon
iustlie
no
man
can
complaine
but
must
accommodate
himselfe
to
finde
it
good
and
obey
it
.
That
which
is
doone
by
this
consent
is
called
firme
,
stable
,
and
sanctum
,
and
is
taken
for
lawe
.
The
Parliament
abrogateth
olde
lawes
,
maketh
newe
,
giueth
orders
for
thinges
past
,
and
for
thinges
héereafter
to
be
followed
,
changeth
rightes
,
and
possessions
of
priuate
men
,
legittimateth
bastards
,
establisheth
formes
of
religion
,
altereth
weightes
and
measures
,
giueth
formes
of
succession
to
the
crowne
,
defineth
of
doubtfull
rightes
,
whereof
is
no
lawe
alreadie
mads
,
appointeth
subsidies
,
tailes
,
taxes
,
and
impositions
,
giueth
most
frée
pardons
and
absolutions
,
restoreth
in
bloud
and
name
as
the
highest
court
,
condemneth
or
absolueth
them
whom
the
Prince
will
put
to
that
triall
:
And
to
be
short
,
all
that
euer
the
people
of
Rome
might
do
either
in
Centuriatis
comitijs
or
tributis
,
Alias
Tribunitijs
.
the
same
may
be
doone
by
the
parliament
of
Englande
,
which
representeth
&
hath
the
power
of
the
whole
realme
both
the
head
and
the
bodie
.
For
euerie
Englishman
is
entended
to
bee
there
present
,
either
in
person
or
by
procuration
and
attornies
,
of
what
preheminence
,
state
,
dignitie
,
or
qualitie
soeuer
he
be
,
from
the
Prince
(
be
he
King
or
Quéene
)
to
the
lowest
person
of
Englande
.
And
the
consent
of
the
Parliament
is
taken
to
be
euerie
mans
consent
.
The
forme
of
holding
the
parliament
.
CHAP.
2.
THe
Prince
sendeth
forth
his
rescripts
or
writtes
to
euery
duke
,
marques
,
baron
,
and
euery
other
Lorde
temporall
or
spirituall
who
hath
voice
in
the
parliament
,
to
be
at
his
great
counsell
of
Parliament
such
a
day
,
(
the
space
from
the
date
of
the
writ
is
commonly
at
the
least
fortie
dayes
)
:
he
sendeth
also
writtes
to
the
Sherifes
of
euery
shyre
to
admonish
the
whole
shire
to
choose
two
knightes
of
the
parliament
in
the
name
of
the
shyre
,
to
heare
and
reason
,
and
to
giue
their
aduise
and
consent
in
the
name
of
the
shyre
,
and
to
be
present
at
that
day
:
likewise
to
euery
citie
and
towne
which
of
ancientie
hath
bin
wont
to
finde
burgesses
of
the
parliament
,
so
to
make
election
that
they
might
be
present
there
at
the
first
day
of
the
parliament
.
The
knightes
of
the
shyre
be
chosen
by
all
the
gentlemen
and
yeomen
of
the
shyre
,
present
at
the
day
assigned
for
the
election
:
the
voice
of
any
absent
can
be
counted
for
none
.
Yeomen
I
call
here
(
as
before
)
that
may
dispende
at
the
least
xl
.
s.
of
yearely
rent
of
free
lande
of
his
owne
.
These
meeting
at
one
day
,
the
two
who
haue
the
more
of
their
voices
be
chosen
knightes
of
the
shire
for
that
parliament
:
likewise
by
the
pluralitie
of
the
voyces
of
the
citizens
and
burgesses
be
the
burgesses
elected
.
The
first
day
of
the
parliament
the
Prince
and
all
the
Lordes
in
their
robes
of
parliament
do
meete
in
the
higher
house
,
where
after
prayers
made
,
they
that
be
present
are
written
,
and
they
that
be
absent
vpon
sicknes
or
some
other
reasonable
cause
(
which
the
prince
will
allowe
)
do
constitute
vnder
their
hande
and
seale
some
one
of
those
who
be
present
as
their
procurer
or
atturney
to
giue
voice
for
them
,
so
that
by
presence
or
atturney
&
proxey
they
be
all
there
,
all
the
princes
and
barrons
&
all
archbishops
and
bishops
,
and
(
when
abbots
were
)
so
many
abbots
as
had
voice
in
parliament
.
The
place
where
the
assembly
is
,
is
richly
tapessed
and
hanged
,
a
princely
and
royal
throne
as
appertaineth
to
a
king
,
set
in
the
middest
of
the
higher
place
thereof
.
Next
vnder
the
prince
sitteth
the
Chancellor
,
who
is
the
voyce
and
orator
of
the
prince
.
On
the
one
side
of
that
house
or
chamber
sitteth
the
archbishops
and
bishops
,
ech
in
his
ranke
:
on
the
other
side
the
dukes
and
barons
.
In
the
middest
thereof
vppon
woolsackes
sitteth
the
Iudges
of
the
realme
,
the
master
of
the
roules
,
and
the
secretaries
of
estate
.
But
these
that
sit
on
the
woolsacks
haue
no
voice
in
the
house
,
but
onely
sit
there
to
aunswere
their
knowledge
in
the
law
,
when
they
be
asked
if
any
doubt
arise
among
the
Lordes
.
The
secretaries
to
aunswere
of
such
letters
or
thinges
passed
in
counsell
whereof
they
haue
the
custodie
and
knowledge
:
and
this
is
called
the
vpper
house
,
whose
consent
and
dissent
is
giuen
by
ech
man
seuerally
and
by
himselfe
,
first
for
himselfe
,
and
then
seuerally
for
so
many
as
he
hath
letters
and
proxies
,
when
it
commeth
to
the
question
,
saying
onely
content
or
not
content
,
without
further
reasoning
or
replying
.
In
this
meane
time
the
knights
of
the
shires
and
burgesses
of
the
parliament
(
for
so
they
are
called
that
haue
voice
in
parliament
,
and
are
chosen
as
I
haue
said
before
,
to
the
number
betwixt
iii
C.
and
iiii
.
C.
)
are
called
by
such
as
it
pleaseth
the
prince
to
appoint
,
into
another
great
house
or
chamber
by
name
,
to
which
they
aunswere
and
declaring
for
what
shyre
or
towne
they
aunswere
:
then
they
are
willed
to
choose
an
able
&
discreete
man
to
be
as
it
were
the
mouth
of
them
,
all
&
to
speake
for
and
in
the
name
of
them
,
and
to
present
him
so
chosen
by
them
to
the
prince
:
which
done
they
comming
al
with
him
to
a
barre
,
which
is
at
the
nether
ende
of
the
vpper
house
,
there
he
first
praiseth
the
prince
,
then
maketh
his
excuse
of
vnabilitie
,
and
prayeth
the
prince
that
he
would
command
the
commons
to
choose
another
.
The
chancellor
in
the
princes
name
doth
so
much
declare
him
able
,
as
he
did
declare
himselfe
vnable
,
and
thanketh
the
commons
for
choosing
so
wise
,
discreete
and
eloquent
a
man
,
and
willeth
them
to
go
and
consult
of
lawes
for
the
common
wealth
.
Then
the
speaker
maketh
certaine
requests
to
the
prince
in
the
name
of
the
commons
,
first
that
his
maiestie
would
be
content
that
they
may
vse
and
enioy
all
their
liberties
and
priuiledges
that
the
common
house
was
wont
to
enioy
.
Secondly
that
they
might
franckely
and
freely
saye
their
mindes
in
disputing
of
such
matters
as
may
come
in
question
,
and
that
without
offence
to
his
Maiestie
.
Thirdly
that
if
any
should
chaunce
of
that
lower
house
to
offend
or
not
to
do
or
say
as
should
become
him
,
or
if
any
should
offend
any
of
them
being
called
to
that
his
highnes
court
:
That
they
themselues
might
(
according
to
the
ancient
custome
)
haue
the
punishment
of
them
.
And
fourthly
,
that
if
there
came
any
doubt
,
whereupon
they
shal
desire
to
haue
th
aduise
or
conference
with
his
Maiestie
or
with
any
of
the
Lordes
,
that
they
might
doe
it
:
All
which
he
promiseth
in
the
commons
names
that
they
shall
not
abuse
,
but
haue
such
regarde
as
most
faithfull
,
true
and
louing
subiectes
ought
to
haue
to
their
prince
.
The
Chauncelor
answereth
in
the
princes
name
,
as
apperteyneth
.
And
this
is
all
that
is
doone
for
one
day
,
&
sometime
two
.
Besides
the
Chauncelor
,
there
is
one
in
the
vpper
house
who
is
called
Clarke
of
the
Parliament
,
who
readeth
the
bils
.
For
all
that
commeth
in
consultation
either
in
the
vpper
house
or
in
the
neather
house
,
is
put
in
writing
first
in
paper
,
which
being
once
read
,
he
that
will
,
riseth
vp
and
speaketh
with
it
or
against
it
:
and
so
one
after
another
so
long
as
they
shall
thinke
good
.
That
doone
they
goe
to
an
other
,
and
so
another
bill
.
After
it
hath
bin
once
or
twise
read
,
and
doth
appeare
that
it
is
somewhat
like
as
reasonable
,
with
such
amendment
in
wordes
and
peraduenture
some
sentences
as
by
disputation
seemeth
to
be
amended
.
In
the
vpper
house
the
Chauncelor
asketh
if
they
will
haue
it
engrossed
,
that
is
to
say
put
into
parchment
:
which
doone
,
and
read
the
third
time
,
and
that
eftsoones
if
any
be
disposed
to
obiect
disputed
againe
among
them
,
the
Chauncelor
asketh
if
they
will
goe
to
the
question
:
and
if
they
agree
to
goe
to
the
question
,
then
he
sayth
,
here
is
such
a
lawe
or
act
concerning
such
a
matter
,
which
hath
béene
thrise
read
here
in
this
house
,
are
ye
content
that
it
be
enacted
or
no
?
If
the
not
contentes
be
moe
,
then
the
bill
is
dashed
,
that
is
to
say
the
lawe
is
annihilated
and
goeth
no
further
.
If
the
contentes
be
the
more
,
then
the
Clarke
writeth
vnderneath
:
Soit
baille
aux
commons
.
And
so
when
they
see
time
they
send
such
bils
as
they
haue
approued
by
two
or
three
of
those
which
doe
sit
on
the
woolsacks
to
the
commons
:
who
asking
licence
,
and
comming
into
the
house
,
with
due
reuerence
,
sayth
to
the
speaker
:
Master
speaker
my
Lordes
of
the
vpper
house
haue
passed
among
them
and
thinke
good
,
that
there
should
be
enacted
by
Parliament
such
an
act
,
and
such
an
act
,
and
so
readeth
the
titles
of
that
act
or
actes
.
They
pray
you
to
consider
of
them
,
and
shew
them
your
aduise
,
which
doone
they
goe
their
way
.
They
being
gone
and
the
doore
againe
shut
,
the
speaker
rehearseth
to
the
house
what
they
sayde
.
And
if
they
be
not
busie
disputing
at
that
time
in
an
other
bill
,
he
asketh
them
streightwaie
if
they
will
haue
that
bill
or
(
if
there
be
mo
)
one
of
them
.
In
like
maner
in
the
lower
house
the
speaker
sitting
in
a
seate
or
chaire
for
that
purpose
somewhat
higher
,
that
he
may
see
and
be
seene
of
them
all
,
hath
before
him
in
a
lower
seate
his
Clarke
,
who
readeth
such
bils
as
he
first
propounded
in
the
lower
house
,
or
be
sent
down
from
the
Lords
.
For
in
that
point
,
ech
house
hath
equal
authoritie
,
to
propounde
what
they
thinke
meete
,
either
for
th
abrogating
of
some
law
made
before
,
or
for
making
of
a
newe
.
All
bils
be
thrise
in
three
diuerse
dayes
read
and
disputed
vpon
,
before
they
come
to
the
question
.
In
the
disputing
is
a
meruelous
good
order
vsed
in
the
lower
house
.
He
that
standeth
vppe
beareheadded
is
vnderstranded
that
he
will
speake
to
the
bill
.
If
moe
stande
vppe
,
who
that
first
is
iudged
to
arise
,
is
first
harde
,
though
the
one
do
prayse
the
law
,
the
other
diswade
it
,
yet
there
is
no
altercation
.
For
euerie
man
speaketh
as
to
the
speaker
,
not
as
one
to
an
other
,
for
that
is
against
the
order
of
the
house
.
It
is
also
taken
against
the
order
,
to
name
him
whom
ye
doe
confute
,
but
by
circumlocution
,
as
he
that
speaketh
with
the
bill
,
or
he
that
spake
against
the
bill
,
and
gaue
this
and
this
reason
.
And
so
with
perpetuall
Oration
not
with
altercation
,
he
goeth
through
till
he
do
make
an
end
.
He
that
once
hath
spoken
in
a
bill
though
he
be
confuted
straight
,
that
day
may
not
replie
,
no
though
he
would
chaunge
his
opinion
.
So
that
to
one
bill
in
one
day
one
may
not
in
that
house
speake
twise
,
for
else
one
or
two
with
altercation
woulde
spende
all
the
time
.
The
next
day
he
may
,
but
then
also
but
once
.
No
reuiling
or
nipping
wordes
must
be
vsed
.
For
then
all
the
house
will
crie
,
it
is
against
the
order
:
and
if
any
speake
vnreuerently
or
seditiouslie
against
the
Prince
or
the
priuie
counsell
,
I
haue
séene
them
not
onely
interrupted
,
but
it
hath
béene
moued
after
to
the
house
,
and
they
haue
sent
them
to
the
tower
.
So
that
in
such
a
multitude
,
and
in
such
diuersitie
of
mindes
,
and
opinions
,
there
is
the
greatest
modestie
and
temperance
of
spéech
that
can
be
vsed
.
Neuerthelesse
with
much
doulce
and
gentle
termes
,
they
make
their
reasons
as
violent
and
as
vehement
the
one
against
the
other
as
they
may
ordinarily
,
except
it
bee
for
vrgent
causes
&
hasting
of
time
.
At
the
afternoone
they
kéepe
no
parliament
.
The
speaker
hath
no
voice
in
the
house
,
nor
they
will
not
suffer
him
to
speake
in
any
bill
to
moue
or
diswade
it
.
But
when
any
bill
is
read
,
the
speakers
office
is
as
brieflie
and
as
plainely
as
he
may
to
declare
the
effect
thereof
to
the
house
.
If
the
commons
doe
assent
to
such
billes
as
be
sent
to
them
first
agréed
vpon
from
the
Lords
thus
subscribed
,
Les
commons
out
assentus
,
so
if
the
Lordes
doe
agrée
to
such
billes
as
be
first
agréed
vppon
by
the
Commons
,
they
sende
them
downe
to
the
speaker
thus
subscribed
,
Les
Seigneurs
out
assentus
.
If
they
cannot
agrée
,
the
two
houses
(
for
euerie
bill
from
whence
soeuer
it
doth
come
is
thrise
reade
in
each
of
the
houses
)
if
it
be
vnderstoode
that
there
is
any
sticking
sometimes
the
Lordes
to
the
Commons
,
somtime
the
Commons
to
the
Lords
doe
require
that
a
certaine
of
each
house
may
méete
together
,
and
so
ech
part
to
be
enformed
of
others
meaning
,
and
this
is
alwaies
graunted
.
After
which
méeting
for
the
most
part
not
alwaies
either
parte
agrées
to
others
billes
.
In
the
vpper
house
they
giue
their
assent
&
dissent
ech
man
seuerallie
&
by
himselfe
first
for
himselfe
,
and
then
for
so
manie
as
he
hath
proxie
.
When
the
Chaunceler
hath
demanded
of
them
whether
they
will
goe
to
the
question
after
the
bill
hath
béene
thrise
reade
,
they
saying
only
content
or
not
content
,
without
further
reasoning
or
replying
:
and
as
the
more
number
doeth
agrée
,
so
it
is
agréed
on
or
dashed
.
In
the
neather
house
none
of
them
that
is
elected
either
Knight
or
Burges
can
giue
his
voice
to
an
other
nor
his
consent
nor
dissent
by
proxie
.
The
more
parts
of
them
that
be
present
onely
maketh
the
consent
or
dissent
.
After
the
bill
hath
béene
twise
reade
,
and
then
engrossed
and
eftsoones
reade
and
disputed
on
ynough
as
is
thought
:
the
speaker
asketh
if
they
will
goe
to
the
question
.
And
if
they
agrée
be
holdeth
the
bill
vp
in
his
hande
and
sayeth
,
as
many
as
will
haue
this
bill
goe
forwarde
,
which
is
concerning
such
a
matter
,
say
yea
.
Then
they
which
allowe
the
bill
crie
yea
,
and
as
many
as
wil
not
,
say
no
:
as
the
crie
of
yea
or
no
is
bigger
,
so
the
bill
is
allowed
or
dashed
.
If
it
be
a
doubt
which
crie
is
the
bigger
,
they
diuide
the
house
,
the
speaker
saying
,
as
many
as
doe
alowe
the
bill
goe
downe
with
the
bill
,
and
as
many
as
do
not
sitte
still
.
So
they
diuide
themselues
,
and
being
so
diuided
they
are
numbred
who
make
the
more
part
,
and
so
the
bill
doeth
spéede
.
It
chaunceth
sometime
that
some
part
of
the
bil
is
allowed
,
some
other
part
hath
much
contrariety
and
doubt
made
of
it
:
and
it
is
thought
if
it
were
amended
it
would
goe
forwarde
.
Then
they
chuse
certaine
committees
of
them
who
haue
spoken
with
the
bil
&
against
it
to
amende
it
,
and
bring
it
in
againe
so
amended
,
as
they
amongest
them
shall
thinke
méete
:
and
this
is
before
it
is
engrossed
,
yea
&
some
time
after
.
But
the
agréement
of
these
committees
is
no
preiudice
to
the
house
.
For
at
the
last
question
they
will
either
accept
it
or
dash
it
as
it
shall
séeme
good
,
notwithstanding
that
whatsoeuer
the
committees
haue
doone
.
Thus
no
bill
is
an
act
of
Parliament
,
ordinaunce
,
or
edict
of
law
,
vntill
both
the
houses
seuerallie
haue
agréed
vnto
it
,
after
the
order
aforesaide
,
no
nor
then
neither
.
But
the
last
day
of
that
Parliament
or
session
the
Prince
commeth
in
person
in
his
Parliament
robes
,
and
sitteth
in
his
state
:
all
the
vpper
house
sitteth
about
the
Prince
in
their
states
and
order
in
their
robes
.
The
speaker
with
all
the
common
house
commeth
to
the
barre
,
and
there
after
thankesgiuen
first
in
the
Lordes
name
by
the
Chaunceller
&c.
and
in
the
commons
name
by
the
speaker
to
the
Prince
,
for
that
hee
hath
so
great
care
of
the
good
gouernement
of
his
people
,
and
for
calling
them
together
to
aduise
of
such
thinges
as
should
be
for
the
reformation
,
establishing
&
ornament
of
the
common
wealth
:
the
Chaunceller
in
the
Princes
name
giueth
thankes
to
the
Lords
&
commons
for
their
paines
and
trauailes
taken
,
which
he
saith
the
Prince
will
remember
and
recompence
when
time
and
occasion
shall
serue
,
and
that
he
for
his
part
is
ready
to
declare
his
pleasure
concerning
their
procéedings
,
whereby
the
same
may
haue
perfect
life
&
accomplishment
by
his
princelie
authoritie
,
and
so
haue
the
whole
consent
of
the
Realme
.
Then
one
reades
the
title
of
euerie
act
which
hath
passed
at
that
session
,
but
only
in
this
fashion
:
An
act
concerning
such
a
thing
&c.
It
is
marked
there
what
the
Prince
doth
allowe
,
and
to
such
he
sayth
:
Le
roy
or
la
royne
le
veult
.
And
those
be
taken
nowe
as
perfect
lawes
and
ordinances
of
the
Realme
of
Englande
and
none
other
,
and
as
shortlie
as
may
be
put
in
print
,
except
it
be
some
priuate
cause
or
lawe
made
for
the
benefit
or
preiudice
of
some
priuate
man
,
which
the
Romans
were
wont
to
call
priuilegia
.
These
be
onelie
exemplified
vnder
the
seale
of
the
Parliament
,
and
for
the
most
part
not
printed
.
To
those
which
the
Prince
liketh
not
,
he
answereth
,
Le
roy
or
la
royne
saduisera
,
&
those
be
accounted
vtterly
dashed
and
of
no
effect
.
This
is
the
order
and
forme
of
the
highest
and
most
authenticall
court
of
Englande
,
by
vertue
whereof
all
those
things
be
established
whereof
I
spake
before
,
and
no
other
meanes
accounted
vailable
to
make
any
new
forfaiture
of
life
,
member
,
or
landes
of
any
English
man
,
where
there
was
no
lawe
ordayned
for
it
before
.
Nowe
let
vs
speake
of
the
saide
partes
when
they
be
seuerall
.
Of
the
Monarch
King
or
Queene
of
Englande
.
CHAP.
3.
THe
Prince
whom
I
nowe
call
(
as
I
haue
often
before
)
the
Monarch
of
Englande
,
King
or
Quéene
,
hath
absolutelie
in
his
power
the
authoritie
of
warre
and
peace
,
to
defie
what
Prince
it
shall
please
him
,
and
to
bid
him
warre
,
and
againe
to
reconcile
himselfe
and
enter
into
league
or
truce
with
him
at
his
pleasure
or
the
aduice
onely
of
his
priuie
consell
.
His
priuie
counsell
be
chosen
also
at
the
Princes
pleasure
out
of
the
nobilitie
or
baronie
,
and
of
the
Knightes
,
and
Esquires
,
such
and
so
many
as
he
shal
thinke
good
,
who
doth
consult
daily
,
or
when
néede
is
of
the
weightie
matters
of
the
Realme
,
to
giue
therein
to
their
Prince
the
best
aduice
they
can
.
The
Prince
doth
participate
to
them
all
,
or
so
many
of
them
,
as
he
shall
thinke
good
,
such
legations
and
messages
as
come
from
forren
Princes
,
such
letters
or
occurrentes
as
be
sent
to
himselfe
or
to
his
secretaries
,
and
kéepeth
so
many
ambassades
and
letters
sent
vnto
him
secret
as
he
will
,
although
these
haue
a
particular
oth
of
a
counseller
touching
faith
and
secrets
administred
vnto
them
when
they
be
first
admitted
into
that
companie
.
So
that
héerein
the
kingdome
of
Englande
is
farre
more
absolute
than
either
the
dukedome
of
Uenice
is
,
or
the
kingdome
of
the
Lacedemonians
was
.
In
warre
time
,
&
in
the
field
the
Prince
hath
also
absolute
power
,
so
that
his
worde
is
a
law
,
he
may
put
to
death
,
or
to
other
bodilie
punishment
,
whom
he
shall
thinke
so
to
deserue
,
without
processe
of
lawe
or
forme
of
iudgement
.
This
hath
béene
sometime
vsed
within
the
Realme
before
any
open
warre
in
sodden
insurrections
and
rebellions
,
but
that
not
allowed
of
wise
and
graue
men
,
who
in
that
their
iudgment
had
consideration
of
the
consequence
and
example
,
asmuch
as
of
the
present
necessitie
,
,
especiallie
,
when
by
anie
meanes
the
punishment
might
haue
béene
doone
by
order
of
lawe
.
This
absolute
power
is
called
marciall
lawe
and
euer
was
and
necessarilie
must
be
vsed
in
all
campes
and
hostes
of
men
,
where
the
time
nor
place
do
suffer
the
tariance
of
pleading
and
processe
,
be
it
neuer
so
short
,
and
the
important
necessitie
requireth
spéedie
execution
,
that
with
more
awe
the
souldier
might
be
kept
in
more
straight
obedience
,
without
which
neuer
captaine
can
doe
anie
thing
vaileable
in
the
warres
.
The
prince
vseth
also
absolute
power
in
crying
and
decreeing
the
mony
of
the
realme
by
his
proclamation
onely
.
The
mony
is
alwayes
stamped
with
the
pinces
image
and
title
.
The
forme
,
fashion
,
maner
,
weight
,
finenesse
,
and
basenesse
thereof
,
is
at
the
discretion
of
the
prince
.
For
whom
should
the
people
trust
more
in
that
matter
than
their
prince
,
seeing
the
coine
is
only
to
certifie
the
goodness
of
the
mettall
and
the
weight
,
which
is
affirmed
by
the
princes
image
and
marke
?
But
if
the
prince
will
deceaue
them
and
giue
copper
for
siluer
or
golde
,
or
enhaunce
his
coyne
more
than
it
is
worth
,
he
is
deceaued
himselfe
,
as
well
as
he
doth
go
about
to
deceaue
his
subiectes
.
For
in
the
same
sorte
they
pay
the
prince
his
rentes
and
customes
.
And
in
time
they
will
make
him
pay
rateably
or
more
for
meate
,
drinke
and
victualles
for
him
and
his
,
and
for
their
labour
:
which
experience
doth
teach
vs
nowe
in
our
dayes
to
be
doone
in
all
regions
.
For
there
euer
hath
béene
&
euer
will
be
a
certaine
proportion
betwéene
the
scarcity
and
plentie
of
other
thinges
,
with
gold
and
siluer
,
as
I
haue
declared
more
at
large
in
my
booke
of
monie
.
For
all
other
measures
and
weightes
,
aswell
of
drie
thinges
as
of
wet
,
they
haue
accustomed
to
be
established
or
altered
by
the
Parliament
,
and
not
by
the
princes
proclamation
only
.
The
prince
vseth
also
to
dispence
with
lawes
made
,
whereas
equitie
requireth
a
moderation
to
be
had
,
and
with
paynes
for
transgression
of
lawes
,
where
the
payne
of
the
lawe
is
applyed
onely
to
the
prince
.
But
where
the
forfaite
(
as
in
popular
actions
it
chaunceth
many
times
)
is
part
to
the
prince
,
the
other
part
to
the
declarator
,
detector
or
informer
,
there
the
prince
doth
dispence
for
his
owne
part
onely
.
Where
the
criminall
action
is
intended
by
inquisition
(
that
maner
is
called
with
vs
at
the
princes
suite
)
the
prince
giueeth
absolution
or
pardon
:
yet
with
a
clause
,
modo
stet
rectus
in
curia
,
that
is
to
say
,
that
no
man
obiect
against
the
offendor
.
Whereby
notwithstanding
that
he
hath
the
princes
pardon
if
the
person
offended
will
take
vppon
him
the
accusation
(
which
in
our
language
is
called
the
appeale
)
in
cases
where
it
lieth
,
the
princes
pardon
doth
not
serue
the
offendor
.
The
prince
giueth
all
the
chiefe
and
highest
offices
or
magistracies
of
the
realme
,
be
it
of
iudgement
or
dignitie
,
temporall
or
spirituall
,
and
hath
the
tenthes
and
first
fruites
of
all
Ecclesiasticall
promotions
,
except
in
the
Uniuersities
and
certaine
Colledges
which
be
exempt
.
All
writtes
,
executions
and
commaundementes
be
done
in
the
princes
name
.
We
doe
say
in
England
the
life
and
member
of
the
kinges
subiectes
are
the
kinges
onely
,
that
is
to
say
no
man
hath
hault
nor
moyenne
iustice
but
the
king
,
nor
can
hold
plea
thereof
.
And
therefore
all
those
pleas
,
which
touche
the
life
or
the
mutilation
of
man
,
be
called
pleas
of
the
crowne
,
nor
can
be
dooke
in
the
name
of
any
inferior
person
than
he
or
shée
that
holdeth
the
crowne
of
Englande
.
And
likewise
no
man
can
giue
pardon
thereof
but
the
prince
onely
:
Although
in
times
past
there
were
certaine
countie
Palatines
,
as
Chester
,
Durham
,
Clie
,
which
were
hault
iusticers
,
and
writtes
went
in
their
name
,
and
also
some
Lorde
marchers
of
Wales
,
which
claymed
like
priuiledge
.
All
these
are
now
worne
away
.
The
supreme
iustice
is
done
in
the
kinges
name
,
and
by
his
authoritie
onely
.
The
Prince
hath
the
wardshippe
and
first
mariage
of
all
those
that
hold
landes
of
him
in
chiefe
.
And
also
the
gouernement
of
all
fooles
natural
,
or
such
as
be
made
by
aduenture
of
sicknes
,
and
so
continue
,
if
they
be
landed
.
This
being
once
graunted
by
act
of
Parliament
(
although
some
inconuenience
hath
béene
thought
to
grow
thereof
,
&
sith
that
time
it
hath
béene
thought
verie
vnreasonable
)
yet
once
annexed
to
the
crowne
who
ought
to
go
about
to
take
the
clubbe
out
of
Hercules
hand
.
And
being
gouerned
iustly
&
rightly
,
I
see
not
so
much
inconuenience
in
it
,
as
some
men
would
make
of
it
:
diuerse
other
rights
and
preeminences
the
prince
hath
which
be
called
prerogatiues
royalles
,
or
the
prerogatiue
of
the
king
,
which
be
declared
particularly
in
the
bookes
of
the
common
lawes
of
England
.
To
be
short
the
prince
is
the
life
,
the
head
,
and
the
authoritie
of
all
thinges
that
be
doone
in
the
realme
of
England
.
And
to
no
prince
is
doone
more
honor
and
reuerence
than
to
the
King
and
Queene
of
Englande
,
no
man
speaketh
to
the
prince
nor
serueth
at
the
table
but
in
adoration
and
kneeling
,
all
persons
of
the
realme
be
bareheaded
before
him
:
insomuch
that
in
the
chamber
of
presence
where
the
cloath
of
estate
is
set
,
no
man
dare
walke
,
yea
though
the
prince
be
not
there
,
no
man
dare
tarrie
there
but
bareheadded
.
This
is
vnderstood
of
the
subiectes
of
the
realme
:
For
all
strangers
be
suffered
there
and
in
all
places
to
vse
the
manner
of
their
countrie
,
such
is
the
ciuilitie
of
our
nation
.
The
chiefe
pointes
wherein
one
common
wealth
doth
differ
from
an
other
.
CHAP.
4.
NOw
that
we
haue
spoken
of
the
parliament
(
which
is
the
whole
vniuersall
and
generall
consent
and
authoritie
aswell
of
the
prince
as
of
the
nobilitie
and
commons
,
that
is
to
say
,
of
the
whole
head
and
bodie
of
the
realme
of
England
)
and
also
of
the
prince
,
(
which
is
the
head
,
life
and
gouernor
of
this
common
wealth
)
:
there
remaineth
to
shewe
,
how
this
head
doth
distribute
his
authoritie
and
power
to
the
rest
of
the
members
for
the
gouernment
of
this
realme
,
and
the
common
wealth
of
the
politique
bodie
of
England
.
And
whereas
as
all
common
wealthes
and
gouernmentes
be
most
occupyed
,
and
be
most
diuerse
in
the
fashion
of
fiue
thinges
:
in
making
of
lawes
and
ordinaunces
,
for
their
owne
gouerment
:
in
making
of
battel
&
peace
,
of
truce
with
forraine
nations
:
in
prouiding
of
mony
for
the
maintenance
of
themselues
within
themselues
,
&
defence
of
themselues
against
their
enemies
:
in
choosing
and
election
of
the
chiefe
officers
and
magistrates
:
and
fiftly
in
the
administration
of
iustice
.
The
first
and
thirde
we
haue
shewed
is
doone
by
the
prince
in
parliament
.
The
seconde
and
fourth
by
the
prince
himselfe
.
The
fift
remaineth
to
be
declared
.
Of
the
three
maners
and
formes
of
trialles
or
iudgementes
in
England
.
CHAP.
5.
By
order
and
vsage
of
Englande
there
is
three
wayes
and
maners
,
whereby
absolute
and
definite
iudgement
is
giuen
,
by
parliament
which
is
the
highest
and
most
absolute
,
by
battle
,
and
by
the
great
assise
.
Triall
or
iudgement
by
parliament
.
CHAP.
6.
THe
matter
of
giuing
iudgement
by
parliament
betweene
priuate
and
priuate
man
,
or
betweene
the
prince
and
any
priuate
man
,
be
it
in
matters
criminall
or
ciuill
,
for
land
or
for
heritage
,
doth
not
differ
from
th
order
,
which
I
haue
prescribed
,
but
it
proceedeth
by
bill
thrise
read
in
ech
house
and
assented
to
as
I
haue
saide
before
,
and
at
the
last
day
confirmed
and
allowed
by
the
prince
.
Howbeit
such
bils
be
seeldome
receaued
because
that
great
counsell
being
enough
occupyed
with
the
publique
affaires
of
the
realme
,
will
not
gladly
intermedle
it selfe
with
priuate
quarels
&
questions
.
Triall
of
iudgement
by
battle
.
CHAP.
7.
THis
is
at
this
present
not
much
vsed
,
partly
because
of
long
time
the
Pope
and
the
cleargie
to
whom
in
times
past
we
were
much
subiect
,
alwayes
cryed
against
it
as
a
thing
damnable
and
vnlawful
,
and
partly
because
in
all
common
wealthes
(
as
to
the
tongue
)
so
to
the
maners
,
fashions
,
habites
,
yea
and
kindes
of
trials
and
iudgmentes
,
and
to
all
other
thinges
that
is
therein
vsed
,
time
and
space
of
yeares
bringeth
a
chaunge
.
But
I
could
not
yet
learne
that
it
was
euer
abrogated
.
So
that
it
remaineth
in
force
,
whensoeuer
it
be
demanded
.
The
maner
of
it
is
described
in
Briton
.
The
triall
by
affise
or
xij
.
men
,
&
first
of
the
three
partes
which
be
necessary
in
iudgement
.
CHAP.
8.
THe
two
first
iugdementes
be
absolute
supreme
and
without
appeale
,
and
so
is
also
the
iudgement
by
the
great
affise
.
And
because
our
manner
of
iudgementes
in
England
is
in
many
thinges
different
from
the
fashion
vsed
either
in
Fraunce
,
or
in
Italie
,
or
in
any
other
place
where
the
Emperors
lawes
and
constitutions
(
called
the
ciuill
lawes
)
be
put
in
vse
,
it
will
be
necessarie
here
to
make
a
litle
digression
,
to
the
intent
,
that
that
which
shal
be
said
hereafter
may
be
better
vnderstood
.
All
pursuites
and
actions
(
we
call
them
in
our
English
tongue
pleas
)
and
in
barbarous
(
but
now
vsuall
)
latine
placita
,
taking
▪
that
name
abusiue
of
the
definitiue
sentence
,
whith
may
well
be
called
placitum
or
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
The
French
vseth
the
same
calling
in
their
language
,
the
sentence
of
their
iudges
areste
or
arest
:
in
which
wordes
nothwithstanding
after
their
custome
they
do
not
founde
the
s.
but
we
call
placitum
the
action
not
the
sentence
,
and
placitare
barbarouslie
,
or
to
pleade
in
english
,
agere
or
litigare
.
Now
in
all
iudgements
necessarily
being
two
parties
,
the
first
we
call
the
impleader
,
suiter
,
demaunder
or
demaundaunt
and
plaintiffe
:
In
criminall
causes
if
he
professe
to
be
an
accuser
,
we
call
him
appellant
or
appellour
,
and
so
accusation
we
call
appeale
.
The
other
we
call
the
defendant
and
in
criminall
causes
prisoner
,
for
he
cannot
aunswere
in
causes
criminall
before
he
do
render
himselfe
or
be
rendred
prisoner
.
Index
is
of
vs
called
Iudge
,
but
our
fashion
is
so
diuerse
that
they
which
giue
the
deadly
stroke
,
and
either
condemne
or
acquite
the
man
for
guiltie
or
not
guiltie
,
are
not
called
Iudges
but
the
xii
▪
men
.
And
the
same
order
aswell
is
in
ciuill
matters
and
pecuniarie
,
as
in
matters
criminall
.
Of
pleas
or
actions
.
CHAP.
9.
PLeas
or
actions
criminall
be
in
English
called
pleas
of
the
crowne
,
which
be
all
those
which
tende
to
take
away
a
mans
life
or
any
member
of
him
,
for
his
euill
deseruing
against
the
prince
and
common
wealth
.
And
this
name
is
giuen
not
without
a
cause
.
For
taking
this
for
a
principle
that
the
life
and
member
of
an
Englishman
is
in
the
power
onely
of
the
prince
and
his
lawes
,
when
any
of
his
subiectes
is
spoyled
either
of
life
or
member
,
the
prince
is
endammaged
thereby
,
and
hath
good
cause
to
aske
accompt
,
how
his
subiectes
should
come
to
that
mischiefe
.
And
againe
for
so
much
as
the
prince
who
gouerneth
the
scepter
,
and
holdeth
the
crowne
of
Englande
hath
this
in
his
care
and
charge
,
to
see
the
realme
well
gouerned
,
the
life
,
members
and
possessions
of
his
subiectes
kept
in
peace
and
assuraunce
:
he
that
by
violence
shall
attempt
to
breake
that
peace
and
assuraunce
,
hath
forfeited
against
the
scepter
and
crowne
of
England
:
and
therefore
not
without
a
cause
in
all
inquisitions
and
inditementes
,
if
any
be
found
by
the
xii
.
men
to
haue
offended
in
that
behalfe
,
streight
the
prince
is
saide
to
be
partie
,
and
he
that
shall
speake
for
the
prisoner
shall
be
rebuked
,
as
speaking
against
the
prince
.
Neverthelesse
it
is
neuer
defended
,
but
the
prisoner
and
partie
defendant
in
any
cause
may
alleadge
for
him
,
al
the
reasons
,
meanes
and
defenses
that
he
can
,
and
shall
be
peaceablie
hearde
and
quietlie
:
But
in
those
pleas
&
pursuites
of
the
crowne
,
procurer
or
aduocate
he
gettes
none
,
Sauing
in
appels
and
vpon
a
speciall
plea.
which
in
ciuill
and
pecuniarie
matters
(
be
it
for
land
,
rent
,
right
,
or
possession
,
although
he
plead
against
the
prince
himselfe
)
is
neuer
denied
.
Pleas
ciuill
be
either
personall
or
reall
,
personall
as
contractes
or
for
iniuries
:
Actio
is
the
parties
whole
suite
▪
breue
is
the
kings
precept
.
reall
be
either
possessorie
to
aske
,
or
to
keepe
the
possession
,
or
in
rem
,
which
we
cal
a
writte
of
right
.
For
that
which
in
the
ciuill
lawe
is
called
actio
or
formula
,
we
call
writ
in
English
:
so
the
Greekes
called
it
worde
for
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
and
in
our
barbarous
latine
we
name
it
breue
.
And
as
the
olde
Romanes
had
their
actions
some
ex
iure
ciuili
,
and
some
ex
iure
praetorio
,
and
ordinarily
praetor
dabat
actiones
&
formulas
actionum
:
so
in
Englande
we
retaine
still
this
,
and
haue
some
writtes
out
of
the
chauncerie
,
other
out
of
the
common
place
or
the
kinges
bench
.
Of
the
chiefe
Tribunals
,
benches
or
courtes
of
England
.
CHAP.
10.
IN
times
past
(
as
may
appeare
to
him
that
shall
with
iudgement
reade
the
histories
and
antiquites
of
England
)
the
courtes
and
benches
followed
the
king
and
his
court
wheresoever
he
went
,
especially
shortly
after
the
conquest
.
Which
thing
being
found
very
cumbersome
,
paineful
and
chargeable
to
the
people
,
it
was
agreed
by
parliament
,
that
there
shoulde
be
a
standing
place
where
iudgement
should
be
giuen
.
And
it
hath
long
time
béene
vsed
in
Westminster
hall
,
which
king
William
Rufus
builded
for
the
hall
of
his
owne
house
.
In
that
hal
be
ordinarily
séene
3.
Tribunals
or
Iudges
seates
.
At
the
entrie
on
the
right
hande
,
the
common
place
,
where
ciuill
matters
are
to
be
pleaded
,
specially
such
as
touch
landes
or
contractes
.
At
the
vpper
ende
of
the
hall
,
on
the
right
hand
,
the
kinges
bench
,
where
pleas
of
the
crowne
haue
their
place
.
And
on
the
left
hand
sitteth
the
Chauncelor
accompanyed
with
the
master
of
the
Roules
,
who
in
latine
may
be
called
custos
archiuorum
regis
,
and
certaine
men
learned
in
the
ciuill
lawe
called
Masters
of
the
chauncerie
,
in
latine
they
may
be
named
Assessores
.
Of
the
times
of
pleading
called
termes
,
&
of
the
Chauncelor
and
chauncerie
.
CHAP.
II.
TWo
things
may
be
moued
in
question
here
,
how
all
Englande
(
being
so
long
and
so
large
,
and
hauing
so
many
shyres
and
prouinces
therein
)
can
be
answered
of
iustice
in
one
place
,
and
in
3.
benches
be
they
neuer
so
great
?
An
other
(
whereas
the
kinges
bench
is
exercised
in
criminall
causes
and
in
all
pleas
of
the
crowne
,
and
the
common
place
in
all
ciuill
causes
,
reall
and
personall
)
what
place
then
hath
the
chauncerie
?
The
first
question
will
séeme
more
maruelous
and
haue
more
occasion
of
doubt
,
when
I
shall
also
tell
that
the
lawe
is
not
open
at
all
times
,
no
not
the
third
part
of
the
yeare
.
But
where
all
other
cities
and
common
wealthes
had
all
the
yeare
pleas
,
suites
,
and
iudgementes
,
except
for
certaine
holy
daies
and
haruest
and
vintage
,
or
when
for
some
vrgent
cause
the
lawe
was
commaunded
to
be
stopped
,
which
is
called
Iustitium
:
Contrarie
in
ours
,
it
is
but
fewe
times
open
.
That
is
onely
foure
times
in
the
yeare
which
they
call
termes
.
After
Michaelmas
about
ten
daies
,
during
fiue
or
sixe
wéekes
at
the
least
.
After
Christmas
about
a
moneth
,
enduring
by
the
space
of
thrée
wéekes
.
Then
from
xvij
dayes
after
Easter
by
the
space
of
thrée
wéekes
&
odde
dayes
.
Likewise
from
the
sixt
or
seuenth
day
after
Trinitie
sunday
,
during
two
wéekes
and
odde
daies
.
All
the
rest
of
the
yeare
there
is
no
pleading
,
entring
nor
pursuing
of
actions
.
This
small
time
,
and
all
that
but
in
one
place
may
séeme
verse
iniurious
to
the
people
,
who
must
be
faine
to
suffer
much
wrong
for
lacke
of
Iustice
and
of
place
and
time
to
pleade
▪
but
vnto
that
héereafter
I
entende
to
answere
more
fully
,
and
in
the
meane
while
that
shall
suffise
which
the
wise
Cato
answered
to
one
who
mooued
that
the
pleading
place
in
Rome
might
be
couered
ouer
with
canuas
as
their
theaters
were
,
to
the
intent
that
the
plaintifes
and
defendauntes
that
were
there
might
plead
their
matters
more
at
ease
,
and
not
be
in
so
much
danger
of
their
health
by
the
heate
of
the
sunne
striking
full
and
open
vpon
their
heades
,
which
was
no
smal
griefe
and
disease
,
specially
at
Rome
.
Nay
(
saith
Cato
)
for
my
part
I
had
rather
with
that
all
the
waies
to
the
place
of
pleading
were
cast
ouer
with
galthrops
that
the
féete
of
such
as
loue
so
well
pleading
,
should
féele
so
much
paine
of
those
prickes
in
going
thither
as
their
heades
doe
of
the
sunne
in
tarrying
there
:
he
ment
that
they
were
but
idle
,
whot
heades
,
busie
bodies
,
and
troublesome
men
in
the
common
wealth
that
did
so
nourish
pleading
:
good
labourers
and
quiet
men
could
bee
content
to
ende
their
matters
at
home
by
iudgement
of
their
neighbours
and
kinsfolke
without
spending
so
their
money
vpon
procurers
and
aduocates
whom
we
call
attornies
,
counsellers
,
Sergeants
,
and
generallie
men
of
lawe
.
Those
be
accounted
profitable
citizens
,
who
attende
their
honest
labour
and
businesse
at
home
,
and
not
stande
waiting
and
gaping
vppon
their
rolles
and
processe
in
the
lawe
:
as
for
the
other
by
his
iudgement
,
it
was
no
matter
what
mischiefe
they
suffered
.
To
the
other
question
of
the
chancerie
,
this
I
answere
:
That
our
lawe
which
is
called
of
vs
the
common
lawe
as
ye
would
say
Ius
ciuile
,
is
and
standeth
vpon
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
that
is
Ius
summum
:
and
their
maximees
be
taken
so
straitlie
that
they
may
not
depart
from
the
tenour
of
the
wordes
euen
as
the
olde
ciuill
lawe
was
.
And
therefore
as
that
lacked
the
helpe
of
a
Praetor
(
which
might
moderari
illud
ius
summum
,
give
actions
where
none
was
,
mitigate
the
exactnesse
and
rigour
of
the
lawe
written
,
give
exceptions
,
as
metus
,
doli
mali
,
minoris
aetatis
,
&c.
for
remedies
,
and
maintaine
alwaies
aequum
&
bonum
:
)
the
same
order
and
rancke
holdeth
our
chauncerie
,
and
the
chauncellor
hath
the
verie
authoritie
héerein
as
had
the
Praeter
in
the
olde
ciuill
law
before
the
time
of
the
Emperours
.
So
he
that
putteth
vp
his
bill
in
the
chauncerie
,
after
that
he
hath
declared
the
mischiefe
wherein
he
is
,
hath
reléefe
as
in
the
solemne
forum
.
And
for
so
much
as
in
this
case
hee
is
without
remedie
in
the
common
lawe
,
therefore
he
requireth
the
chauncellor
according
to
equitie
and
reason
to
prouide
for
him
and
to
take
such
order
as
to
good
conscience
shall
appertaine
.
And
the
court
of
the
chauncerie
is
called
of
the
common
people
the
court
of
conscience
,
because
that
the
chauncellor
is
not
strained
by
rigour
or
forme
of
wordes
of
lawe
to
iudge
but
ex
aequo
and
bono
,
and
according
to
conscience
as
I
haue
saide
.
And
in
this
court
the
vsuall
and
proper
forme
of
pleading
of
Englande
is
not
vsed
,
but
the
forme
of
pleading
by
writing
,
which
is
vsed
in
other
countries
according
to
the
ciuill
lawe
:
and
the
tryall
is
not
by
xij
.
men
,
but
by
the
examination
of
witnesse
as
in
other
courtes
of
the
ciuill
lawe
.
Of
Iudges
in
the
common
lawe
of
England
,
and
the
manner
of
tryall
and
pleading
there
.
CHAP.
12.
THe
Prince
out
of
the
numbers
of
those
who
haue
béene
Counsellers
or
Sergeants
at
the
law
,
which
be
those
who
in
latin
are
called
causidici
or
aduocati
,
chooseth
two
of
the
most
approoued
for
learning
,
age
,
discretion
,
and
exercise
,
of
whom
the
one
is
called
chiefe
Iustice
of
the
Kings
bench
,
or
simply
chiefe
Iustice
,
the
other
chiefe
Iustice
of
the
common
place
,
and
others
to
the
number
of
sixe
or
more
,
which
haue
each
an
ordinarie
fée
or
stipend
of
the
Prince
.
These
doe
sit
at
such
daies
as
be
terme
,
which
may
be
called
Dies
legitimi
iuridici
or
fasti
,
in
their
distinct
places
as
I
haue
said
before
.
There
they
heare
the
pleading
of
all
matters
which
doe
come
before
them
:
and
in
ciuill
matters
where
the
pleading
is
for
money
or
land
or
possession
,
part
by
writing
,
and
part
by
declaration
and
altercation
of
the
aduocates
the
one
with
thother
,
it
doth
so
procéede
before
them
till
it
doe
come
to
the
issue
,
which
the
latines
doe
call
statum
causae
,
I
doe
not
meane
contestationem
litis
,
but
as
the
Rhetoritians
do
call
statum
,
we
doe
most
properly
call
it
the
issue
,
for
there
is
the
place
where
the
debate
and
strife
remaineth
(
as
a
water
held
in
a
close
and
darke
vessel
issueth
out
,
is
voided
and
emptied
)
and
no
where
else
:
that
stroke
well
striken
is
the
departing
of
all
the
quarrelles
.
Issues
or
status
in
our
lawe
bee
ordinarily
two
,
facti
and
iuris
.
Of
the
two
manner
of
issues
.
CHAP.
13.
IF
the
question
be
of
the
lawe
,
that
is
if
both
the
parties
doe
agrée
vpon
the
fact
,
and
each
doe
claime
that
by
lawe
he
ought
to
haue
it
,
and
will
still
in
that
sort
maintaine
their
right
,
then
it
is
called
a
demurrer
in
lawe
:
where
if
in
the
lawe
the
case
séeme
to
the
Iudges
that
sitte
doubtfull
,
But
somtimes
it
is
determined
by
the
same
court
onely
.
it
is
called
a
checkerchamber
case
,
and
all
the
Iudges
will
méete
together
,
and
what
they
shall
pronounce
to
be
the
lawe
,
that
is
helde
for
right
,
and
the
other
partie
looseth
his
action
or
lande
for
euer
.
If
the
Sergeantes
or
counsellors
doe
stande
vpon
anie
point
in
the
law
which
is
not
so
doubtful
,
the
Iudges
who
be
taken
for
most
expert
biddes
him
go
forwarde
:
and
if
he
hath
no
other
to
say
but
standeth
vppon
that
point
of
the
lawe
,
This
shoulde
be
ment
of
a
respondes
ouster
,
when
the
opinion
is
against
him
that
taketh
an
exception
which
is
not
peremptorie
.
that
bidding
goe
forwarde
is
taken
that
he
looseth
his
action
,
and
the
defendant
is
licensed
to
depart
without
a
day
:
and
this
is
where
the
issue
or
question
is
of
the
lawe
or
Iuris
.
So
is
that
case
where
the
lawe
is
not
doubtfull
according
to
the
matter
contayned
in
the
declaration
,
answere
,
replication
,
reioinder
or
triplication
,
the
Iudge
out
of
hande
decideth
it
.
And
it
is
the
manner
that
each
partie
must
agrée
to
the
other
stil
in
the
fact
which
he
cannot
denie
.
For
if
he
once
come
to
denie
any
déede
as
not
doone
,
not
his
writing
,
that
the
man
by
whome
the
aduersarie
claimeth
was
not
the
aduersaries
auncestor
,
He
may
denie
it
by
protestation
.
or
the
euidence
which
his
aduersarie
bringeth
is
not
true
,
or
that
his
gift
was
former
,
or
any
such
like
exception
which
is
vaileable
to
abate
the
action
or
barre
the
partie
:
and
the
other
ioyneth
in
the
affirmatiue
and
will
auerre
and
proue
the
same
,
this
is
called
the
issue
,
and
immediatly
all
question
of
the
lawe
ceaseth
as
agréed
by
both
the
parties
,
that
there
is
no
question
in
the
lawe
.
Then
as
that
issue
facti
is
founde
by
the
xij
men
of
whom
wee
shall
speake
heareafter
,
so
the
one
partie
or
other
looseth
his
cause
and
action
:
so
that
contrarie
to
the
maner
of
the
ciuill
lawe
where
first
the
fact
is
examined
by
witnesses
,
indices
,
tormentes
and
such
like
probations
to
finde
out
the
truth
thereof
,
and
that
doone
the
aduocats
doe
dispute
of
the
law
to
make
of
it
what
they
can
:
saying
,
ex
facto
ius
oritur
:
héere
the
Sergeantes
or
counsellers
before
the
Iudges
doe
in
passing
forewarde
with
their
pleading
determine
and
agrée
vpon
the
lawe
,
and
for
the
most
part
and
in
manner
all
actions
as
well
criminiall
as
ciuill
,
come
to
the
issue
&
state
of
some
fact
which
is
denied
of
the
one
partie
,
and
auerred
of
the
other
:
which
fact
being
tried
by
the
xij
men
as
they
find
,
so
the
action
is
wonne
or
lost
.
And
if
a
man
haue
many
peremptorie
exceptions
(
peremptorie
exceptions
I
call
onely
those
which
can
make
the
state
and
issue
)
because
the
xij
men
be
commonly
rude
and
ignorant
,
the
partie
shal
be
compelled
to
choose
one
exception
whereupon
to
founde
his
issue
,
which
chosen
if
he
faile
in
that
by
the
verdite
of
xij
men
,
he
looseth
his
action
and
cause
,
and
the
rest
can
serue
him
for
nothing
.
Having
séene
both
in
France
and
other
places
many
deuices
,
edictes
and
ordinaunces
howe
to
abridge
proces
and
to
finde
howe
that
long
suites
in
law
might
be
made
shorter
:
I
haue
not
perceiued
nor
reade
as
yet
so
wise
,
so
iust
,
and
so
well
deuised
a
meane
found
out
as
this
by
any
man
among
vs
in
Europe
.
Trueth
it
is
that
where
this
fashion
hath
not
béene
vsed
and
to
them
to
whom
it
is
newe
,
it
will
not
be
so
easily
vnderstood
,
and
therfore
they
may
peraduenture
be
of
contrarie
iudgement
:
but
the
more
they
doe
weigh
and
consider
it
,
the
more
reasonable
they
shall
finde
it
.
Howe
the
issue
,
question
or
status
iuris
is
decided
,
I
haue
tolde
:
now
I
will
shewe
howe
it
is
tryed
when
it
doth
come
to
the
question
,
state
or
issue
of
the
déede
or
fact
.
And
first
I
must
speake
more
largely
of
the
manner
of
procéeding
in
the
processe
,
and
of
such
persons
as
be
necessary
for
the
execution
thereof
.
Of
the
sherife
of
the
shire
,
and
of
the
court
of
exchequer
.
CHAP.
14.
THe
Romans
had
to
execute
the
commaundementes
of
the
magistrates
Lictores
,
viatores
,
accensos
.
The
ciuill
lawe
sith
that
time
hath
other
names
,
termes
,
and
officers
.
The
execution
of
the
commaundementes
of
the
magistrates
in
England
is
ordinarily
doone
by
the
sherifes
.
The
sherife
(
which
is
as
much
to
say
as
the
Réeue
or
Bayly
of
the
shire
)
is
properly
word
for
word
Questor
prouinciae
:
it
is
he
which
gathereth
vppe
and
accompteth
for
the
profittes
of
the
shire
,
that
come
to
the
exchequer
.
The
exchequer
(
which
is
fiscus
principis
,
or
aerarium
publicum
,
and
I
cannot
tell
in
what
language
it
is
called
Scaccarium
,
some
thinks
that
it
was
first
called
statarium
,
because
that
there
was
the
stable
place
to
account
for
the
reuenues
of
the
crowne
,
aswell
that
which
came
of
the
patrimony
which
we
cal
the
demeasnes
:
as
that
which
commeth
of
other
incident
acquisitions
be
they
rentes
,
customes
,
tenthes
,
quinziesmes
,
taxes
,
subsidies
,
wheresoeuer
the
Prince
or
his
court
be
according
to
the
time
and
occasion
)
was
a
place
stable
,
continual
and
appointed
for
to
recken
and
account
.
The
hearers
of
the
account
(
who
in
latin
may
be
called
tribuni
aerarij
)
haue
auditors
vnder
them
which
the
Latines
doe
call
Rationales
:
but
they
are
the
chiefe
for
the
accounts
of
the
Prince
,
and
may
be
called
Iuridicirationales
,
in
English
we
cal
them
Barons
of
the
exchequer
,
whereof
is
one
who
is
called
the
chiefe
Baron
,
as
Tribunus
or
Iuridicus
rationalis
primus
or
princeps
.
The
chiefe
of
all
is
called
high
treasurer
of
Englande
,
as
you
would
say
in
latin
Supremus
aerarij
anglici
quaestor
,
or
Tribunus
aerarius
maximus
.
In
this
court
be
heard
Quadruplatores
(
which
we
call
promoters
)
which
be
those
that
in
popular
and
penall
action
be
delatores
,
hauing
thereby
part
of
the
profit
by
the
lawe
assigned
.
In
this
court
if
anie
question
be
,
it
is
determined
after
the
order
of
the
common
lawe
of
Englande
by
the
xij
men
as
I
haue
saide
:
and
all
customers
which
were
in
latin
called
publicarij
in
gréeke
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
do
account
in
this
office
.
The
Sherife
of
the
shire
is
called
in
our
common
latin
vicecomes
,
as
one
would
say
vicarius
comitis
or
procomes
,
doing
that
seruice
to
attende
vpon
the
execution
of
the
commaundementes
of
the
Tribunalles
or
Iudges
which
the
Earle
or
countie
should
doe
,
which
Earle
or
Countey
for
the
most
part
was
attending
vppon
the
Prince
in
the
warres
or
otherwise
about
the
Prince
as
the
worde
beareth
,
Comes
principis
:
whereby
it
may
appeare
that
the
chiefe
office
of
the
Countie
or
Earle
was
to
sée
the
kinges
Justice
to
haue
course
and
to
bee
well
executed
in
the
shire
or
Countie
,
and
the
Princes
reuenues
well
answered
and
brought
in
aerarium
principis
,
which
is
called
of
vs
the
treasurie
.
If
any
fines
or
amerciaments
,
which
in
latin
be
called
mulctae
,
beleuied
in
any
of
the
saide
courtes
vpon
any
man
or
any
arrerages
of
accountes
by
the
latins
called
reliqua
,
of
such
thinges
as
is
of
customes
,
taxes
,
subsidies
or
any
other
such
occasions
,
the
same
the
sherife
of
the
shire
doth
gather
and
is
respondent
therefore
in
the
exchequer
.
As
for
other
ordinarie
rentes
of
patrimoniall
landes
and
most
commonly
for
the
taxes
,
customes
,
and
subsidies
,
there
be
particular
receiuers
and
collectors
which
doe
answere
it
into
the
exchequer
.
The
sherife
hath
vnder
him
an
vnder
sherife
at
his
charge
and
appointment
learned
somewhat
in
the
law
,
especially
if
he
be
not
learned
himselfe
,
&
diuers
bailifes
which
he
called
errantes
,
whom
he
maketh
at
his
pleasure
,
who
can
knowe
ech
lande
and
person
in
the
shire
,
and
their
abilitie
to
goe
vppon
enquestes
,
either
to
distreine
or
to
summon
him
to
appeare
whom
the
sherife
shal
appoint
,
and
for
this
cause
to
the
sherifes
as
to
the
minister
most
proper
of
the
lawe
the
writtes
be
directed
.
When
any
thing
commeth
to
an
issue
of
the
déede
or
fact
,
there
is
a
writ
or
writing
directed
to
the
sherife
of
the
shire
where
the
lande
is
,
whereupon
the
controuersie
is
,
or
where
the
man
dwelleth
of
whom
the
money
is
demaunded
,
which
writ
is
called
venire
facias
.
Then
after
the
same
effect
an
alias
,
pluries
or
distringas
according
to
the
nature
of
the
action
to
the
returne
of
the
sherife
.
And
if
for
any
disobedience
of
not
comming
and
appearing
there
be
a
fine
(
which
the
latins
doe
call
Mulcta
)
set
vpon
any
iurors
head
,
the
sherife
is
charged
with
it
,
and
taketh
the
distresses
which
in
latin
be
called
Pignora
,
and
answereth
therefore
to
the
exchequer
.
The
sherife
also
is
readie
by
himselfe
or
by
his
vndersherife
to
serue
aswell
the
Iustices
of
peace
in
their
quarter
sessions
as
the
Iustices
called
Itinerantes
in
their
great
assises
,
when
they
come
into
the
shire
,
which
is
twise
in
the
yeare
,
to
dispatch
and
voide
actions
criminall
and
ciuil
depending
at
the
common
law
,
and
which
be
come
nowe
to
the
issue
.
He
hath
also
the
charge
of
all
the
prisoners
committed
to
the
prison
which
we
call
the
gaole
,
and
when
any
is
condemned
to
die
,
it
is
his
charge
to
sée
the
sentence
executed
.
To
be
short
,
he
is
as
it
were
the
generall
minister
and
highest
for
execùtion
of
such
commaundementes
according
to
the
lawe
as
the
Iudges
do
ordaine
,
and
this
is
ynough
for
the
sherife
.
Of
the
xij
men
.
CHAP.
15.
OF
what
manner
and
order
of
men
in
the
common
welth
the
xij
men
be
I
haue
alreadie
declared
.
The
sherife
alwaies
warneth
xxiiij
to
appeare
,
least
peraduenture
any
might
be
sicke
or
haue
a
iust
cause
of
absence
:
and
if
there
be
not
enowe
to
make
an
enquest
,
the
absentes
be
amersed
.
For
although
they
be
called
xii
men
as
a
man
would
say
duodecim
viri
,
yet
if
they
be
xvj
,
xx
or
the
whole
number
of
xxiiij
,
that
is
no
matter
,
xij
they
must
be
at
the
least
to
make
an
enquest
or
as
some
call
it
a
quest.
An
enquest
or
quest
is
called
this
lawefull
kinde
of
tryall
by
xii
men
.
In
actions
ciuill
which
is
either
of
contractes
or
for
lande
or
possession
when
so
many
of
those
which
be
warned
appeare
at
the
call
as
be
able
to
make
an
enquest
,
which
as
I
saide
before
be
no
lesse
then
xii
,
either
part
when
they
be
come
taketh
their
chalenges
against
so
many
of
them
as
they
will
,
which
be
that
he
may
not
spende
so
much
lande
a
yeare
,
he
is
alied
,
féed
,
or
seruant
to
his
aduerse
partie
,
he
is
his
enemie
&c.
And
two
of
the
whole
number
doe
trie
and
allowe
or
disallowe
the
rest
.
If
after
exceptions
there
be
so
many
reiected
that
there
is
not
a
full
enquest
,
in
some
cases
that
day
is
lost
,
in
some
the
enquest
is
filled
ex
circumstantibus
:
when
the
quest
is
ful
,
they
be
sworne
to
declare
the
truth
of
that
issue
according
to
the
euidence
and
their
conscience
.
Then
the
Sergeantes
of
either
side
declare
the
issue
,
and
each
for
his
client
sayth
as
much
as
he
can
.
Euidences
of
writinges
be
shewed
,
witnesses
be
sworne
,
&
hearde
before
them
,
not
after
the
fashion
of
the
ciuill
law
but
openly
,
that
not
only
the
xii
,
but
the
Iudges
,
the
parties
and
as
many
as
be
present
may
heare
what
ech
witnesse
doeth
say
:
The
aduerse
partie
or
his
aduocates
which
wee
call
counsellers
and
sergeants
interrogateth
sometime
the
witnesses
,
That
is
not
order
but
abuse
.
and
driueth
them
out
of
countenance
.
Although
this
may
séeme
strange
to
our
ciuillians
now
,
yet
who
readeth
Cicero
and
Quintillian
well
shall
sée
that
there
was
no
other
order
and
maner
of
examining
witnesses
or
deposing
among
the
Romans
in
their
time
.
When
it
is
thought
that
it
is
enough
pleaded
before
them
,
and
the
witnesses
haue
saide
what
they
can
,
one
of
the
Iudges
with
a
briefe
and
pithie
recapitulation
reciteth
to
the
xii
in
summe
the
argumentes
of
the
sergeantes
of
either
side
,
that
which
the
witnesses
haue
declared
,
and
the
chiefe
pointes
of
the
euidence
shewed
in
writing
,
and
once
againe
putteth
them
in
minde
of
the
issue
,
and
sometime
giueth
it
them
in
writing
,
deliuering
to
them
the
euidence
which
is
shewed
on
either
part
,
if
any
be
,
(
euidence
héere
is
called
writings
of
contractes
autentical
after
the
manner
of
England
,
that
is
to
say
,
written
,
sealed
,
and
deliuered
)
and
biddeth
them
goe
together
.
Then
there
is
a
baylife
charged
with
them
to
kéepe
them
in
a
chamber
not
farre
off
without
bread
,
drinke
,
light
,
or
fire
vntill
they
be
agréed
,
that
is
,
till
they
all
agrée
vpon
one
verdite
concerning
the
same
issue
,
and
vppon
one
among
them
who
shall
speake
for
them
all
when
they
be
agreed
:
for
it
goeth
not
by
the
most
part
,
but
each
man
must
agrée
.
They
returne
and
in
so
fewe
wordes
as
may
be
they
giue
their
determination
:
fewe
I
call
vj
or
vij
or
viij
wordes
at
the
most
(
for
commonly
the
issue
is
brought
so
narrow
,
that
such
number
of
words
may
be
ynough
to
affirme
or
to
denie
it
)
which
doone
they
are
dismissed
to
goe
whither
they
will
.
Courtisie
and
not
dutie
.
The
partie
with
whom
they
haue
given
their
sentence
,
giueth
the
enquest
their
dinner
that
day
most
commonly
,
and
this
is
all
that
they
haue
for
their
labour
,
notwithstanding
that
they
come
some
xx
some
xxx
or
xl
miles
or
more
,
to
the
place
where
they
giue
their
verdite
all
,
the
rest
is
of
their
owne
charge
.
And
necessarilie
all
the
whole
xij
must
be
of
the
shire
and
iiij
of
them
of
the
hundred
where
the
lande
lyeth
which
is
in
controuersie
,
or
where
the
partie
dwelleth
who
is
the
defendant
.
Of
parties
of
Shires
called
hundreds
,
lathes
,
rapes
,
wapentakes
.
CHAP.
16.
AN
hundred
,
or
lath
,
rape
,
or
wapentake
be
called
of
the
diuisions
or
partes
of
shires
in
diuers
countries
diuersly
named
after
the
manner
and
language
of
each
countrey
.
For
the
shires
be
diuided
some
into
x.
xij
.
xiij
.
xvj
.
xx
.
or
xxx
hundreds
,
more
or
lesse
,
either
that
they
were
at
the
first
C.
townes
&
villages
in
ech
hundred
:
and
although
now
they
be
but
xvj
.
xx
.
xxx
.
xl
.
l.
lx.
more
or
lesse
,
yet
it
is
still
called
an
hundred
,
or
else
there
were
but
so
many
at
the
first
as
be
nowe
,
or
a
fewe
more
or
lesse
,
and
they
did
finde
the
king
to
his
warres
an
hundred
able
men
.
Lath
,
and
rape
I
take
to
be
names
of
seruice
,
for
that
so
many
townes
in
old
time
,
and
in
the
first
pouertie
of
the
Realme
did
méete
together
in
one
day
to
carrie
the
Lordes
corne
into
his
barne
,
which
is
called
in
olde
English
a
Lath.
Or
that
they
mette
at
commaundement
of
the
Lorde
to
reape
his
corne
.
Wapentake
I
suppose
came
of
the
Danes
or
peraduenture
of
the
Saxons
.
For
that
so
manie
townes
came
by
their
orders
then
,
to
one
place
,
where
was
taken
a
mouster
of
their
armour
and
weapons
,
in
which
place
from
them
that
could
not
finde
sufficient
pledges
for
their
good
abearing
,
their
weapons
were
taken
away
:
weapen
or
wapen
in
olde
English
doe
signifie
all
armes
offensiue
,
as
sworde
,
dagger
,
speare
,
launce
,
bill
,
bowes
,
arrowes
.
Of
the
place
where
the
monsters
were
taken
or
where
the
saide
seruices
were
doone
,
the
hundreds
,
Lathes
,
Rapes
,
and
wapentakes
had
and
haue
yet
their
names
,
which
be
most
commonly
good
townes
,
and
it
is
to
be
thought
at
the
first
they
were
all
such
.
But
sometime
nowe
in
places
whereof
the
hundred
hath
the
name
,
Hundreds
were
named
of
townes
,
hils
,
or
other
markes
.
no
mention
nor
memorie
of
a
towne
remaineth
,
such
mutation
time
bringeth
with
it
of
all
thinges
.
A
hundred
hath
one
or
two
high
Constables
,
who
hath
some
authoritie
ouer
all
the
lower
,
and
particular
Constables
.
Those
high
Constables
bee
made
by
the
Iustices
of
the
peace
of
the
shire
,
and
each
hundred
hath
his
baylife
,
who
is
made
by
the
Lorde
if
any
hath
that
libertie
,
or
else
by
the
sherife
of
the
shire
for
the
time
being
.
Of
the
court
Baron
.
CHAP.
17.
IT
may
appeare
strange
that
of
xxxvj
shires
,
whereof
each
shire
is
diuided
into
diuers
hundreds
,
each
hundred
containing
diuerse
parishes
,
all
pleading
should
be
but
in
one
place
,
that
is
in
Westminster
hall
,
and
that
but
in
certaine
times
of
the
yeare
,
making
little
more
than
one
quarter
of
the
yeare
in
the
whole
.
And
one
would
thinke
the
there
should
be
much
lacke
of
Iustice
&
right
,
and
much
wrong
taken
without
redresse
.
But
it
is
not
so
:
The
people
being
accustomed
to
liue
in
such
an
equalitie
of
Iustice
,
&
that
in
such
sort
that
the
rich
hath
no
more
aduantage
therein
than
the
poore
,
the
proces
,
and
procéedinges
to
the
iudgement
being
so
short
,
and
iudgementes
also
being
peremptorie
and
without
appellation
:
Yet
to
helpe
for
small
matters
,
where
no
great
summe
is
in
question
there
are
other
courtes
.
In
euerie
shire
from
thrée
wéekes
to
thrée
wéekes
the
sherife
for
small
thinges
not
passing
xl
.
s.
and
in
certaine
hundreds
and
liberties
the
baylie
likewise
from
thrée
wéekes
to
thrée
wéekes
holdeth
plea.
And
whosoever
is
possessioner
and
owner
of
a
mannor
,
may
holde
from
thrée
wéekes
to
thrée
wéekes
,
or
at
his
pleasure
of
his
tennantes
and
amongest
his
tennantes
a
court
called
a
court
Baron
.
And
there
his
tennantes
being
sworne
make
a
Iurie
which
is
not
called
the
enquest
,
but
the
homage
.
These
principallie
doe
enquire
of
the
copie
holders
,
and
other
frée
holders
that
be
dead
sith
the
last
court
,
and
bring
in
their
heires
,
and
next
successours
,
and
likewise
of
incrochment
or
intrusion
of
anie
of
the
tennantes
against
the
Lorde
,
or
among
themselues
.
They
make
orders
and
lawes
amongest
themselues
,
the
paine
of
them
if
they
be
after
broken
,
commeth
to
the
Lorde
.
And
if
anie
small
matter
be
in
controuersie
,
it
is
put
to
them
,
and
commonly
they
doe
ende
it
.
But
these
courtes
doe
serue
rather
for
men
that
can
be
content
to
be
ordered
by
their
neighbours
,
and
which
loue
their
quiet
and
profit
in
their
husbandrie
,
more
than
to
be
busie
in
the
lawe
.
For
whether
partie
soeuer
will
,
may
procure
a
writte
out
of
the
higher
court
to
remooue
the
plea
to
Westminster
.
In
cities
and
other
great
townes
there
be
diuerse
liberties
to
holde
plea
for
a
bigger
summe
,
which
doe
determine
aswell
as
the
common
lawe
,
and
after
the
same
manner
,
and
yet
for
them
that
will
,
it
may
be
remooued
to
Westminster
hall
.
King
Henry
the
eight
ordained
first
a
president
,
Counsellers
and
Iudges
,
one
for
the
marches
of
Wales
,
at
Ludlowe
,
or
else
where
:
an
other
for
the
north
parts
of
Englande
at
Yorke
,
where
be
manie
causes
determined
.
These
two
are
as
be
Parliaments
in
Fraunce
.
But
yet
if
there
be
anie
matter
of
great
consequence
,
the
partie
may
mooue
it
at
the
first
,
or
remooue
it
afterwardes
to
Westminster
hall
,
and
to
the
ordinarie
Iudges
of
the
Realme
,
or
to
the
Chanceller
,
as
the
matter
is
.
These
two
courtes
doe
heare
matters
before
them
,
part
after
the
common
lawe
of
Englande
,
and
part
after
the
fashion
of
the
chauncerie
.
Of
the
Leete
or
lawe
day
.
CHAP.
18.
LEete
or
law
day
is
not
incident
to
euerie
mannor
,
but
to
those
onely
which
by
special
graunt
,
or
long
prescription
haue
such
libertie
.
This
was
as
it
may
appeare
first
a
special
trust
and
confidence
and
commission
giuen
to
a
fewe
put
in
trust
by
the
Prince
,
as
is
nowe
to
the
Iustices
of
peace
,
to
sée
men
sworne
to
the
Prince
,
to
take
pledges
and
suerties
in
that
maner
of
one
for
an
other
to
answere
for
obedience
and
truth
,
to
enquire
of
priuie
conspiracies
,
fraies
,
murders
,
and
bloudsheddes
,
and
to
this
was
added
the
ouersight
of
bread
and
ale
,
and
other
measures
.
Many
times
they
that
be
out
of
the
homage
and
court
Baron
of
that
mannor
and
Lordship
,
be
neuerthelesse
astreined
and
answerable
to
come
to
the
Léete
.
This
Léete
is
ordinarily
kept
but
twise
in
the
yeare
,
and
that
at
termes
and
times
prescribed
.
The
Léete
or
Lawe
day
is
all
one
,
and
betokeneth
worde
for
worde
,
legittimum
or
iuridicum
diem
.
Lawe
the
olde
Saxons
called
lant
or
lag
,
and
so
by
corruption
and
chaunging
of
language
from
Lant
to
Leete
,
vnderstanding
day
.
They
which
kéepe
our
full
english
terme
,
call
it
yet
lawe
day
.
Of
the
proceedinges
of
causes
criminall
,
and
first
of
the
Iustices
of
the
Peace
.
CHAP.
19.
BEfore
the
maner
of
procéeding
in
causes
criminall
can
be
well
vnderstood
,
it
will
be
necessarie
to
speake
of
thrée
persons
,
the
Iustices
of
peace
,
the
Coroners
,
and
the
Constables
.
The
Iustices
of
peace
be
men
elected
out
of
the
nobilitie
,
higher
and
lower
,
that
is
the
Dukes
,
Marquisses
,
Barons
,
Knightes
,
Esquiers
,
and
Gentlemen
,
and
of
such
as
be
learned
in
the
lawes
,
such
and
in
such
number
as
the
Prince
shall
thinke
méete
,
and
in
whome
for
wisedome
and
discretion
he
putteth
his
trust
,
inhabitantes
within
the
countie
▪
sauing
that
some
of
the
high
nobilitie
and
chiefe
magistrates
for
honors
sake
are
put
in
all
,
or
in
the
most
of
the
commissions
of
all
the
shires
of
England
.
These
haue
no
time
of
their
rule
limited
but
by
commission
from
the
Prince
alterable
at
pleasure
.
At
the
first
they
were
but
iiij
,
after
viij
,
nowe
they
come
commonly
to
xxx
or
xl
in
euerie
shire
,
either
by
increase
of
riches
,
learning
,
or
actiuitie
in
policie
and
gouernement
.
So
many
more
beeing
founde
,
which
haue
either
will
,
or
power
,
or
both
,
are
not
too
manie
to
handle
the
affaires
of
the
common
wealth
in
this
behalfe
.
Of
these
in
the
same
commission
be
certaine
named
,
which
be
called
of
the
Quorum
,
in
whome
is
especiall
trust
reposed
,
that
where
the
commission
is
giuen
to
xl
or
xxx
,
and
so
at
the
last
it
commeth
to
iiij
or
thrée
,
it
is
necessarie
for
the
performance
of
many
affaires
to
haue
likewise
diuerse
of
the
Quorum
.
The
wordes
of
the
commission
be
such
,
Quorum
vos
A
B.
C
D.
E
F.
vnum
esse
volumus
.
The
Iustices
of
the
peace
be
those
in
whom
at
this
time
for
the
repressing
of
robbers
,
théeues
,
and
vagabunds
,
of
priuie
complots
,
and
conspiracies
,
of
riotes
,
and
violences
,
and
all
other
misdemeanors
in
the
common
wealth
,
the
Prince
putteth
his
special
trust
.
Each
of
them
hath
authoritie
vpon
complaint
to
him
made
of
any
theft
,
robberie
,
manslaughter
,
murder
,
violence
,
complotes
,
riottes
,
vnlawefull
games
,
or
any
such
disturbance
of
the
peace
,
and
quiet
of
the
Realme
,
to
commit
the
persons
whom
he
supposeth
offendors
,
to
the
prison
,
and
to
charge
the
Constable
or
sherife
to
bring
them
thither
,
the
gaoler
to
receaue
them
and
kéepe
them
till
he
and
his
fellowes
doe
méete
.
A
fewe
lines
signed
with
his
hande
is
ynough
for
that
purpose
▪
these
doe
méete
foure
times
in
the
yéere
,
that
is
,
in
each
quarter
once
,
to
enquire
of
all
the
misdemeanors
aforesaide
:
at
which
daies
the
sherife
,
or
his
vndersherife
with
his
baylifes
be
there
to
attende
vppon
him
,
who
must
prepare
against
that
time
fower
enquestes
of
xxiiij
yeomen
a
péece
of
diuerse
hundredes
in
the
shire
,
This
is
not
alwaies
and
in
al
places
obserued
,
but
onely
concerning
the
graund
enquest
.
and
besides
one
which
is
called
the
great
enquest
out
of
the
bodie
of
the
shire
mingled
with
all
.
These
fiue
enquests
are
sworne
before
them
to
enquire
of
all
heretiques
,
traitors
,
theftes
,
murders
,
manslaughters
,
rapes
,
false
moniers
,
extortioners
,
riottes
,
routes
,
forcible
entries
,
vnlawefull
games
,
and
all
such
thinges
as
be
contrarie
to
the
peace
and
good
order
of
the
Realme
,
&
to
bring
in
their
verdict
.
If
they
among
themselues
vpon
their
owne
knowledge
doe
finde
any
culpable
,
they
cause
one
of
the
clerkes
to
make
the
bill
.
And
if
any
be
there
to
complaine
vppon
any
man
for
these
faults
,
he
putteth
in
his
bil
,
which
bil
is
presented
first
to
the
Iustices
sitting
vpon
the
bench
,
to
sée
if
it
be
conceived
in
forme
of
lawe
,
which
doone
the
complainant
doth
deliuer
it
to
one
of
these
enquests
,
&
after
the
complainant
is
sworne
,
he
declareth
to
them
what
he
can
,
for
the
profe
of
it
.
And
if
they
finde
it
true
they
do
nothing
but
write
on
the
backeside
of
it
billa
vera
,
as
ye
would
say
,
scriptum
verum
:
or
accusatio
iusta
,
or
reus
est
qui
accusatur
:
Then
he
who
is
there
named
is
called
indicted
.
If
they
do
not
finde
it
true
,
they
write
on
the
backside
ignoramus
,
&
so
deliuer
it
to
the
Iustices
of
whome
it
is
rent
into
péeces
immediatly
:
he
that
is
indicted
is
accounted
a
lawefull
prisoner
,
and
after
that
time
looked
more
streitly
vnto
.
For
this
inditement
is
no
conuiction
:
and
if
he
be
indicted
,
and
be
not
alreadie
in
prison
,
the
sherife
if
he
can
finde
him
,
bringeth
him
into
prison
:
if
he
cannot
finde
him
,
proces
is
made
out
against
him
,
to
render
himselfe
prisoner
,
or
else
hee
shal
be
outlawed
.
The
vse
of
capias
and
exigent
vpon
inditementes
is
otherwise
.
So
he
is
called
thrée
times
in
diuerse
countie
daies
to
render
himselfe
to
the
lawe
.
The
fourth
is
called
the
exigent
,
by
which
he
is
outlawed
not
rendring
himselfe
,
as
ye
would
say
:
exactus
or
actus
in
exilium
.
The
outlawe
looseth
all
his
goods
to
the
King
for
his
disobedience
.
But
if
after
he
wil
render
himselfe
to
answere
to
the
lawe
,
and
shewe
some
reasonable
cause
of
his
absence
,
manie
times
of
grace
his
outlawerie
is
pardoned
.
These
méetinges
of
the
Iustices
of
peace
foure
times
in
the
yeare
,
They
are
put
to
fines
.
be
called
quarter
sessions
or
sessions
of
enquirie
,
because
that
nothing
is
there
determined
touching
the
malefactors
,
but
onely
the
custodie
of
them
:
and
this
kinde
of
procéeding
which
is
by
inquisition
of
the
xij
men
within
themselues
,
and
their
owne
consciences
,
or
by
denunciation
of
him
that
putteth
in
his
bill
to
the
xii
,
is
called
at
the
kings
suite
,
and
the
king
is
reckoned
the
one
partie
,
and
the
prisoner
the
other
.
The
Iustices
of
the
peace
doe
méete
also
at
other
times
by
commandement
of
the
Prince
vpon
suspition
of
warre
,
to
take
order
for
the
safetie
of
the
shire
,
sometimes
to
take
musters
of
harnes
and
able
men
,
and
sometime
to
take
orders
for
the
excessiue
wages
of
seruaunts
and
labourers
,
for
excesse
of
apparell
,
for
vnlawefull
games
,
for
conuenticles
and
euill
orders
in
alehouses
,
and
tauernes
,
for
punishment
of
idle
and
vagabund
persons
,
and
generally
as
I
haue
saide
,
for
the
good
gouernement
of
the
shire
,
the
Prince
putteth
his
confidence
in
them
.
And
commonly
euery
yeare
,
or
each
seconde
yeare
in
the
beginning
of
summer
or
afterwardes
,
(
for
in
the
warme
time
the
people
for
the
most
part
be
more
vnrulie
)
euen
in
the
calme
time
of
peace
,
the
Prince
with
his
counsell
chooseth
out
certaine
articles
out
of
penall
lawes
alreadie
made
for
to
represse
the
pride
and
euill
rule
of
the
popular
,
and
sendeth
them
downe
to
the
Iustices
,
willing
them
to
looke
vpon
those
pointes
,
and
after
they
haue
mette
together
and
consulted
among
themselues
,
howe
to
order
that
matter
most
wisely
and
circumspectly
,
whereby
the
people
might
be
kept
in
good
order
and
obedience
after
the
lawe
,
they
diuide
themselues
by
thrée
or
foure
:
and
so
each
in
his
quarter
taketh
order
for
the
execution
of
the
saide
articles
.
And
then
within
certaine
space
they
méete
againe
and
certifie
the
Prince
or
his
priuie
counsell
how
they
do
finde
the
shire
in
rule
&
order
touching
those
pointes
and
all
other
disorders
.
There
was
neuer
in
any
commonwealth
diuised
a
more
wise
,
a
more
dulce
and
gentle
,
nor
a
more
certaine
way
to
rule
the
people
,
whereby
they
are
kept
alwaies
as
it
were
in
a
bridle
of
good
order
,
&
sooner
looked
vnto
that
they
should
not
offend
,
than
punished
when
they
haue
offended
.
For
séeing
the
chiefe
amongst
them
,
their
rulers
to
haue
this
speciall
charge
and
doe
call
vpon
it
,
and
if
occasion
so
doe
present
,
one
or
two
presently
either
punished
or
sent
to
prison
for
disobedience
to
those
olde
orders
&
lawes
,
they
take
a
feare
within
themselues
,
they
amende
and
doe
promise
more
amendment
.
So
that
it
is
as
a
newe
forbushing
of
the
good
lawes
of
the
realme
,
and
a
continuall
repressing
of
disorders
,
which
doe
naturally
rest
among
men
.
But
as
the
inuention
of
this
,
and
the
vse
and
execution
thereof
is
the
most
benefitte
that
can
be
deuised
for
the
common
wealth
of
Englande
:
So
when
it
shal
be
misused
,
dissembled
with
,
or
be
contemned
,
&
be
doone
pro
forma
tantum
,
and
as
they
terme
it
in
Fraunce
par
mainere
d'
acquit
onely
,
it
will
be
the
present
ruine
(
though
not
at
the
first
apperceiued
)
of
the
common
wealth
.
Of
which
the
fault
may
be
as
well
in
the
commaunders
for
not
making
good
choice
what
and
howe
they
commaunde
,
as
in
the
commanded
,
for
not
executing
that
which
is
commaunded
.
Of
hue
and
crie
and
recognisaunce
taking
vppon
them
that
may
giue
euidence
.
CHAP.
20.
BY
the
olde
lawe
of
Englande
if
any
theft
,
or
robberie
be
doone
,
if
he
that
is
robbed
,
or
he
that
séeth
or
perceiueth
that
any
man
is
robbed
doe
leuie
hue
&
crie
,
that
is
to
say
,
doe
call
and
crie
for
aide
,
and
say
that
a
theft
or
robberie
is
doone
contrarie
to
the
Princes
peace
and
assurance
:
The
Constable
of
the
village
to
whom
he
doth
come
,
and
so
make
that
crie
,
ought
to
raise
the
parish
to
aide
him
and
séeke
the
théefe
,
and
if
the
théefe
be
not
founde
in
that
parish
,
to
go
to
the
next
and
raise
that
Constable
,
and
so
still
by
the
Constables
and
them
of
the
parish
one
after
an
other
.
This
hue
and
crie
from
parish
to
parish
is
caried
,
till
the
théefe
or
robber
be
founde
.
That
parish
which
doeth
not
his
dutie
,
but
letteth
by
their
negligence
the
théefe
to
depart
,
doth
not
onely
paie
a
fine
to
the
king
,
but
must
repaie
to
the
partie
robbed
his
dammages
.
So
that
euerie
English
man
is
a
sergiant
to
take
the
théefe
,
and
who
sheweth
himselfe
negligent
therein
,
doth
not
only
incurre
euill
opinion
therefore
,
but
hardly
shall
escape
punishment
:
what
is
doone
with
the
théefe
or
robber
when
he
is
taken
,
I
shall
shewe
you
heereafter
.
The
same
manner
is
followed
if
anie
man
bee
slaine
,
for
streight
the
murtherer
is
pursued
of
euerie
man
till
he
be
taken
.
So
soone
as
any
is
brought
to
the
Iustices
of
peace
by
this
hue
or
crie
,
by
the
Constable
or
anie
other
who
doth
pursue
the
malefactor
,
he
doeth
examine
the
malefactor
,
and
writeth
the
examinations
and
his
confession
:
then
he
doth
binde
the
partie
that
is
robbed
or
him
that
sueth
,
and
the
Constable
,
and
so
manie
as
can
giue
euidence
against
the
malefactor
to
be
at
the
next
sessions
of
gaole
deliuerie
to
giue
their
euidence
for
the
Quéene
.
He
bindeth
them
in
recognisance
of
xl
.
xxl.
xxxl
.
xll.
or
C.
l.
according
to
his
discretion
,
and
the
qualitie
of
the
crime
:
which
certified
vnder
his
hande
,
is
leuied
vpon
the
recognizance
if
they
faile
of
being
there
.
Of
the
Coroner
.
CHAP.
21.
BVt
if
anie
man
,
woman
,
or
child
,
be
violently
slaine
,
the
murtherer
not
knowen
,
no
man
ought
or
dare
burie
the
bodie
before
the
Coroner
hath
séene
it
.
The
Coroner
is
one
chosen
by
the
Prince
of
the
meaner
sort
of
gentlemen
,
and
for
the
most
part
a
man
séene
in
the
lawes
of
the
Realme
to
execute
that
office
.
And
if
the
person
slaine
,
(
slaine
I
cal
here
,
whosoeuer
he
be
,
man
,
woman
,
or
childe
,
that
violently
commeth
to
his
death
,
whether
it
be
by
knife
,
poyson
,
cord
,
drowning
,
burning
,
suffocation
,
or
otherwise
,
be
it
by
his
owne
fault
or
default
,
or
by
any
other
)
if
(
I
say
)
the
person
slaine
be
buried
before
the
Coroner
doe
come
(
which
for
the
most
part
men
dare
not
doe
)
he
doeth
cause
the
bodie
to
be
taken
vp
againe
,
and
to
be
searched
,
and
vppon
the
sight
of
the
bodie
so
violently
come
to
his
death
,
he
doth
empanell
an
enquest
of
xij
men
or
mo
,
of
those
which
come
next
by
,
be
they
strangers
or
inhabitantes
,
which
vpon
their
othes
,
and
by
the
sight
or
viewe
of
the
bodie
,
and
by
such
informations
as
they
can
take
,
must
search
howe
the
person
slaine
came
to
his
death
,
and
by
whome
as
the
doer
or
causer
thereof
.
These
are
not
inclosed
into
a
streit
place
,
(
as
I
tolde
before
of
other
enquestes
)
but
are
suffered
to
goe
at
large
,
and
take
a
day
,
sometime
after
xx
or
xxx
daies
,
more
or
lesse
,
as
the
fact
is
more
euident
,
or
more
kept
close
,
to
giue
their
euidence
,
at
which
day
they
must
appeare
there
againe
before
the
saide
Coroner
to
giue
their
verdict
.
So
sometime
the
person
slaine
himselfe
,
sometime
the
brother
,
the
husbande
,
the
wife
,
the
sister
,
some
of
acquaintance
or
stranger
,
such
as
God
wil
haue
reueiled
,
be
taken
.
For
whosoeuer
they
doe
finde
as
guiltie
of
the
murder
,
he
is
streight
committed
to
prison
,
and
this
is
against
him
in
the
nature
of
an
inditement
which
is
not
a
full
condemnation
,
as
ye
shall
sée
héereafter
.
The
empanelling
of
this
enquest
,
and
the
viewe
of
the
bodie
,
and
the
giuing
of
the
verdict
,
is
commonly
in
the
stréete
in
an
open
place
,
and
in
Corona
populi
:
but
I
take
rather
that
this
name
commeth
because
that
the
death
of
euerie
subiect
by
violence
is
accounted
to
touch
the
crowne
of
the
Prince
,
and
to
be
a
detriment
vnto
it
,
the
Prince
accounting
that
his
strength
,
power
,
and
crowne
doth
stande
and
consist
in
the
force
of
his
people
,
and
the
maintenaunce
of
them
in
securitie
and
peace
.
Of
the
Constables
.
CHAP.
22.
THese
men
are
called
in
the
elder
bookes
of
our
lawes
of
the
Realme
custodes
pacis
,
and
were
at
the
first
in
greater
reputation
than
they
be
nowe
.
It
may
appeare
that
there
was
a
credit
giuen
vnto
them
not
altogether
vnlike
to
that
which
is
now
giuen
to
the
Iustices
of
peace
.
To
this
day
if
any
affraie
chaunce
to
be
made
,
the
Constables
ought
and
will
charge
them
that
be
at
debate
to
kéepe
the
Princes
peace
:
and
whosoeuer
refuseth
to
obey
the
Constable
therein
,
all
the
people
will
set
streight
vpon
him
,
and
by
force
make
him
to
render
himself
to
be
ordered
.
Likewise
if
any
be
suspected
of
theft
,
or
receiuing
,
or
of
murther
,
or
of
manslaughter
,
the
Constable
may
take
such
persons
,
yea
enter
into
any
mans
house
with
sufficient
power
to
search
for
such
men
till
he
finde
them
:
and
if
hee
sée
cause
kéepe
the
suspected
persons
in
the
stockes
,
or
custodie
,
til
he
bring
them
before
a
Iustice
of
the
peace
to
be
examined
.
But
for
so
much
as
euerie
litle
village
hath
commonly
two
Constables
,
One
or
two
Constables
,
hedboroughes
or
tithingmen
.
and
many
times
artificers
,
labourers
and
men
of
small
abilitie
be
chosen
vnto
that
office
,
who
haue
no
great
experience
,
nor
knowledge
,
nor
authoritie
,
the
Constables
at
this
present
(
although
this
they
may
do
vppon
their
owne
authoritie
)
yet
they
séeme
rather
to
be
as
it
were
the
executors
of
the
commaundement
of
the
Iustices
of
peace
.
For
the
Iustice
of
peace
as
soone
as
he
vnderstandeth
by
complaint
that
any
man
hath
stolen
,
robbed
,
slaine
,
or
any
seruant
or
labourer
without
license
hath
departed
out
of
his
maisters
seruice
,
or
any
that
liueth
idle
and
suspectly
,
knowing
once
in
what
parish
he
is
,
he
writeth
to
the
Constable
of
the
parish
,
commanding
him
in
the
Princes
name
to
bring
that
man
before
him
:
the
Constable
dareth
not
disobey
.
The
man
is
brought
and
examined
by
the
Iustice
,
and
if
the
Iustice
doe
finde
cause
,
hee
committeth
him
to
the
same
Constable
to
conuey
him
further
to
the
Princes
gaole
,
where
the
partie
must
lie
till
the
Iustices
of
peace
doe
méete
either
at
their
quarter
sessions
,
or
at
their
gaole
deliuerie
,
and
that
the
lawe
hath
either
condemned
or
acquited
him
.
These
Constable
are
called
in
some
places
headborowes
,
in
some
places
tithingmen
,
and
be
like
to
them
,
who
are
called
Consuls
in
manie
townes
and
villages
in
Fraunce
.
The
Constables
are
commonlie
made
and
sworne
at
the
Léetes
of
the
Lordes
,
chosen
thereto
by
the
homage
,
and
they
kéepe
that
office
sometime
ij
.
iij
or
iiij
yeare
,
more
or
lesse
,
as
the
parish
doth
agrée
.
What
headborow
doth
betoken
it
is
easily
knowen
,
our
language
doth
declare
him
as
the
head
or
chiefe
of
the
borowe
or
village
:
likewise
tithing
man
is
the
chiefe
of
the
tithing
.
Constable
séemeth
to
me
to
come
of
our
old
English
worde
kinnyng
,
which
is
Kinnyngstable
,
as
ye
would
say
a
man
established
by
the
king
,
for
such
thinges
as
appertaineth
to
pleas
of
the
crowne
&
conseruation
of
the
Kings
peace
,
&
as
I
saide
at
the
first
were
in
some
more
reputation
,
approching
to
that
authoritie
which
the
Iustices
of
peace
nowe
doth
holde
.
Of
the
sessions
of
gaole
deliuerie
,
and
the
definitiue
proceedinges
in
causes
criminall
.
CHAP.
23.
HOwe
théeues
and
murtherers
and
other
malefactors
against
the
crowne
and
the
peace
are
taken
&
brought
into
holde
to
answere
to
iustice
,
partly
by
hue
and
crie
,
partly
by
information
,
and
partly
by
the
diligence
of
the
Justices
of
peace
and
the
Constables
,
and
howe
that
at
the
quarter
sessions
they
be
indicted
,
or
else
by
the
Coroners
yee
haue
hearde
before
.
Enditement
(
as
yee
may
perceive
by
that
which
is
also
gone
before
)
is
but
a
former
iudgement
of
xij
men
which
be
called
enquirers
,
and
no
definitiue
sentence
,
but
that
which
in
latin
is
called
praeiudicium
,
it
doth
but
shewe
what
opinion
the
countrey
hath
of
the
malefactor
:
and
therefore
commonly
men
be
endicted
absent
,
not
called
to
it
,
nor
knowing
of
it
.
For
though
a
man
be
endicted
,
yet
if
when
he
come
to
the
arainement
,
there
be
no
man
to
pursue
further
,
nor
no
euidence
of
witnesse
or
other
triall
and
indices
against
him
,
he
is
without
difficultie
acquited
.
No
man
that
is
once
indicted
can
be
deliuered
without
arainement
.
For
as
xij
,
haue
giuen
a
preiudice
against
him
,
so
xii
againe
must
acquite
or
condemne
him
.
But
if
the
prisoner
be
not
indicted
,
but
sent
to
prison
vpon
some
suspition
or
suspitious
behauiour
,
and
none
doe
pursue
him
to
the
enditement
,
first
being
proclaimed
thus
.
A.
B.
prisoner
standeth
héere
at
the
barre
,
if
any
man
can
say
anything
against
him
,
let
him
now
speake
,
for
the
prisoner
standeth
at
his
deliueraunce
;
if
no
man
doe
then
come
,
hee
is
deliuered
without
any
further
proces
or
trouble
,
agréeing
first
with
the
gaoler
for
his
fées
.
And
these
be
called
acquited
by
proclamation
.
Twise
euerie
yeare
the
one
is
commonly
in
lent
what
time
there
is
vacation
from
pleading
in
Westminster
hall
,
the
other
is
in
the
vacation
in
summer
.
The
Prince
doth
sende
downe
into
euerie
shire
of
Englande
certaine
of
his
Iudges
of
Westminster
hall
,
and
some
Sergeantes
at
the
lawe
with
commission
to
heare
and
determine
ioyntly
with
the
Justices
of
the
peace
all
matters
criminall
and
all
prisoners
which
be
in
the
gaoles
.
These
Iudges
doe
goe
from
shire
to
shire
till
they
haue
doone
their
circuit
of
so
manie
shires
as
be
appointed
to
them
for
that
yeare
:
at
the
ende
of
the
terme
going
before
their
circuit
it
is
written
and
set
vp
in
Westminster
hall
on
what
day
and
in
what
place
they
will
be
.
That
day
there
méeteth
all
the
Justices
of
the
peace
of
that
shire
,
the
sherife
of
that
shire
,
who
for
that
time
beareth
their
charges
,
and
asketh
after
allowance
for
it
in
the
Exchequer
.
The
shirife
hath
readie
for
criminall
causes
(
as
I
writ
before
at
the
sessions
of
inquirie
)
iiii
.
v.
or
vi
.
enquestes
readie
warned
to
appeare
that
day
to
serue
the
Prince
,
and
so
manie
more
as
he
is
commaunded
to
haue
readie
to
go
in
civill
matters
betwixt
priuate
men
,
which
they
call
Nisi
prius
,
because
that
worde
is
in
the
writ
.
In
the
towne
house
,
or
in
some
open
or
common
place
,
there
is
a
tribunall
or
place
of
iudgement
made
aloft
vpon
the
highest
bench
,
there
sitteth
the
two
Judges
which
be
sent
downe
in
Commission
in
the
midst
.
Next
them
on
eche
side
,
sitteth
the
Justices
of
peace
,
according
to
their
estate
and
degrée
.
In
a
lower
bench
before
them
,
the
rest
of
the
Justices
of
the
peace
,
and
some
other
gentlemen
or
their
clarkes
.
Before
these
Iudges
and
Justices
,
there
is
a
table
set
beneath
,
at
which
sitteth
the
Custos
rotulorum
,
or
kéeper
of
writtes
,
Thexchetor
,
the
vndershirife
,
and
such
clarkes
as
doe
write
.
At
the
end
of
that
table
,
there
is
a
barre
made
with
a
space
for
thenquestes
and
xii
.
men
to
come
in
when
they
are
called
,
behind
that
space
another
barre
,
and
there
stand
the
prisoners
which
be
brought
thither
by
the
gaoler
all
chained
one
to
another
.
Then
the
cryer
crieth
,
and
commaundeth
silence
.
One
of
the
Iudges
briefely
telleth
the
cause
of
their
comming
,
&
giueth
a
good
lesson
to
the
people
.
Then
the
prisoners
are
called
for
by
name
,
and
bidden
to
aunswere
to
their
names
.
And
when
the
Custos
rotulorum
hath
brought
foorth
their
enditements
,
the
Iudges
do
name
one
or
two
or
thrée
of
the
prisoners
that
are
endicted
,
whom
they
will
haue
arraigned
.
There
the
clarke
speaketh
first
to
one
of
the
prisoners
:
A.
B.
come
to
the
barre
,
hold
vp
thy
hand
.
The
clarke
goeth
on
:
A.
B.
thou
by
the
name
of
A.
B.
of
such
a
towne
,
in
such
a
countie
,
art
endicted
,
that
such
a
day
,
in
such
a
place
,
thou
hast
stolen
with
force
and
armes
an
horse
,
which
was
such
ones
,
of
such
a
colour
,
to
such
a
valor
,
and
carried
him
away
feloniously
,
&
contrarie
to
the
peace
of
our
soueraigne
Ladie
the
Quéene
.
What
sayest
thou
to
it
,
art
thou
guiltie
or
not
guiltie
▪
If
he
will
not
aunswere
,
or
not
aunswere
directly
guiltie
or
not
guiltie
,
after
he
hath
béene
once
or
twise
so
interrogated
,
he
is
iudged
mute
,
that
is
dumme
by
contumacie
,
and
his
condemnation
is
to
be
pressed
to
death
,
which
is
one
of
the
cruellest
deathes
that
may
be
:
he
is
layd
vpon
a
table
,
and
an
other
vppon
him
,
and
so
much
weight
of
stones
or
lead
laide
vppon
that
table
,
while
as
his
bodie
be
crushed
,
&
his
life
by
that
violence
taken
from
him
.
This
death
some
strong
&
stout
hearted
man
doth
choose
,
for
being
not
condemned
of
felonie
,
his
bloud
is
not
corrupted
,
his
lands
nor
goods
confiscate
to
the
Prince
,
which
in
all
cases
of
felonie
are
commonly
lost
from
him
and
his
heires
,
if
he
be
foreiudged
,
that
is
condemned
for
a
felon
by
the
lawe
.
If
he
confesse
the
enditement
to
be
true
,
then
when
he
is
arraigned
,
no
xii
,
men
goeth
vpon
him
,
there
resteth
but
the
Iudges
sentence
,
of
the
paine
of
death
.
If
he
pleade
not
guiltie
,
as
commonly
all
théeues
,
robbers
,
&
murtherers
doe
,
though
they
haue
confessed
the
fact
before
the
Justice
of
the
peace
that
examined
them
,
though
they
be
taken
with
the
maner
,
which
in
Latine
they
call
inflagranti
crimine
,
howesoever
it
be
,
if
he
pleade
there
not
guiltie
,
the
Clarke
asketh
him
howe
he
will
be
tryed
,
and
telleth
him
he
must
saie
,
by
God
and
the
Countrie
,
for
these
be
the
words
formall
of
this
triall
after
Inditement
,
and
where
the
Prince
is
partie
:
if
the
prisoner
doe
say
so
,
I
will
be
tryed
by
God
and
the
Countrie
,
then
the
Clarke
replyeth
,
Thou
hast
béene
endicted
of
such
a
crime
,
&c.
Thou
hast
pleaded
not
guiltie
:
being
asked
how
thou
wilt
be
tryed
,
thou
hast
aunswered
by
God
and
by
the
Countrie
.
Loe
these
honest
men
that
be
come
here
,
be
in
the
place
and
stead
of
the
Countrie
:
and
if
thou
hast
any
thing
to
say
to
any
of
them
,
looke
vpon
them
well
and
nowe
speake
,
for
thou
standest
vpon
thy
life
&
death
.
Then
calleth
he
in
the
first
Juror
,
B.
C.
come
to
the
booke
,
and
so
giueth
him
an
othe
to
goe
uprightlie
betwixt
the
Prince
and
the
prisoner
,
&c.
If
the
prisoner
obiecteth
nothing
against
him
,
he
calleth
an
other
,
and
so
an
other
,
till
there
be
xii
.
or
aboue
:
and
for
the
most
part
the
prisoner
can
say
nothing
against
them
,
for
they
are
chosen
but
for
that
day
,
and
are
vnknowen
to
him
,
nor
they
know
not
him
,
as
I
said
being
substantial
yeomen
,
that
dwell
about
the
place
,
or
at
the
least
in
the
hundred
,
or
néere
where
the
felonie
is
supposed
to
be
committed
,
men
acquainted
with
daily
labour
and
trauaile
,
and
not
with
such
idle
persons
,
as
be
readie
to
doe
such
mischiefes
.
When
the
enquest
is
full
,
and
the
prisoner
hath
obiected
nothing
against
them
,
as
in
déede
seldome
he
doeth
,
for
the
cause
aboue
rehearsed
:
The
clarke
saith
to
the
cryer
,
countes
,
(
in
French
as
ye
would
say
recken
)
and
so
nameth
all
those
that
be
on
the
quest.
The
crier
at
euerie
name
cryeth
aloude
,
one
,
then
ij
.
iij.
iiij
.
and
so
till
the
number
be
full
of
xii
.
or
more
,
&
then
saith
good
men
and
true
:
and
then
sayth
aloude
:
If
any
can
give
euidence
,
or
can
saie
any
thing
against
the
prisoner
,
let
him
come
nowe
,
for
he
standeth
vpon
his
deliuerance
.
If
no
man
come
in
,
then
the
Iudge
asketh
who
sent
him
to
prison
,
who
is
commonly
one
of
the
Justices
of
peace
.
He
if
he
be
there
deliuereth
vp
the
examination
which
he
tooke
of
him
,
and
vnderneath
the
names
of
those
whom
he
hath
bound
to
giue
euidence
,
although
the
malefactor
hath
confessed
the
crime
to
the
Iustice
of
the
peace
,
and
that
appeare
by
his
hande
and
confirmation
,
the
xij
.
men
will
acquite
the
prisoner
,
but
they
which
should
giue
euidence
pay
their
recognizaunce
.
Howbeit
this
doth
seldome
chaunce
,
except
it
be
in
small
matters
,
and
where
the
Iustices
of
peace
,
who
sent
the
prisoner
to
the
gaole
,
is
away
.
If
they
which
be
bound
to
giue
euidence
come
in
,
first
is
read
the
examination
,
which
the
Iustice
of
peace
doeth
giue
in
:
then
is
heard
(
if
he
be
there
)
the
man
robbed
what
he
can
say
,
being
first
sworne
to
say
trueth
,
and
after
the
Constable
,
and
as
many
as
were
at
the
apprehension
of
the
malefactor
:
and
so
many
as
can
say
any
thing
being
sworn
one
after
an
other
to
say
truth
.
These
be
set
in
such
a
place
as
they
may
sée
the
Iudges
and
the
Iustices
,
the
enquest
and
the
prisoner
,
&
heare
them
,
and
be
heard
of
them
all
.
The
Iudge
first
after
they
be
sworne
,
asketh
first
the
partie
robbed
,
if
he
knowe
the
prisoner
,
and
biddeth
him
looke
vpon
him
:
he
saith
yea
,
the
prisoner
sometime
saith
nay
.
The
partie
pursuiuaunt
giueth
good
ensignes
verbi
gratia
,
I
knowe
thée
well
ynough
,
thou
robbedst
me
in
such
a
place
,
thou
beatest
mée
,
thou
tookest
my
horse
from
mée
,
and
my
purse
,
thou
hadst
then
such
a
coate
and
such
a
man
in
thy
companie
:
the
théefe
will
say
no
,
and
so
they
stand
a
while
in
altercation
,
then
he
telleth
al
that
he
can
say
▪
after
him
likewise
all
those
who
were
at
the
apprehension
of
the
prisoner
,
or
who
can
giue
any
indices
or
tokens
which
we
call
in
our
language
euidence
against
the
malefactor
.
When
the
Iudge
hath
heard
them
say
inough
,
he
asketh
if
they
can
say
any
more
:
if
they
say
no
,
then
he
turneth
his
spéeche
to
the
enquest
.
Good
men
(
saith
he
)
ye
of
the
enquest
,
ye
haue
heard
what
these
men
say
against
the
prisoner
,
you
haue
also
heard
what
the
prisoner
can
say
for
himselfe
,
haue
an
eye
to
your
othe
,
and
to
your
duetie
,
&
doe
that
which
God
shall
put
in
your
mindes
to
the
discharge
of
your
consciences
,
and
marke
well
what
is
saide
.
Thus
sometime
with
one
enquest
is
passed
to
the
number
of
ij
,
or
iij.
prisoners
:
For
if
they
should
be
charged
with
more
,
the
inquest
will
say
,
my
Lord
,
we
pray
you
charge
vs
with
no
more
,
it
is
ynough
for
our
memorie
.
Many
times
they
are
charged
but
with
one
or
two
.
At
their
departing
,
they
haue
in
writing
nothing
giuen
them
,
but
the
enditement
,
the
clarke
repeating
to
them
the
effect
of
it
,
and
shewing
more
,
that
if
they
finde
him
guiltie
,
they
shall
enquire
what
goods
,
lands
,
and
tenements
,
the
saide
person
had
at
the
time
of
the
felonie
committed
:
and
if
they
finde
any
,
they
shal
bring
it
in
:
if
no
,
they
shal
say
so
.
If
they
finde
him
not
guiltie
,
they
shall
enquire
whether
he
fled
for
the
felonie
or
no.
And
there
is
a
bailife
to
waite
vpon
them
,
and
to
sée
that
no
man
doe
speake
with
them
,
and
that
they
haue
neither
bread
,
drinke
,
meate
,
ne
fire
brought
to
them
,
but
there
to
remaine
in
a
chamber
together
till
they
agrée
.
If
they
be
in
doubt
of
any
thing
that
is
saide
,
or
would
heare
againe
some
of
them
that
giue
euidence
to
interrogate
them
more
at
full
,
or
if
any
that
can
giue
euidence
come
late
:
it
is
permitted
that
any
that
is
sworne
to
say
the
trueth
,
may
be
interrogated
of
them
to
enforme
their
consciences
.
This
is
to
be
vnderstood
although
it
will
séeme
straunge
to
all
nations
that
doe
vse
the
ciuill
Lawe
of
the
Romane
Emperours
,
that
for
life
and
death
there
is
nothing
put
in
writing
but
the
enditement
onely
.
All
the
rest
is
doone
openlie
in
the
presence
of
the
Iudges
,
the
Iustices
,
the
enquest
,
the
prisoner
,
and
so
manie
as
will
or
can
come
so
neare
as
to
heare
it
,
and
all
depositions
and
witnesses
giuen
aloude
,
that
all
men
may
heare
from
the
mouth
of
the
depositors
and
witnesses
what
is
saide
.
As
of
this
,
so
is
it
of
all
other
prisoners
after
the
same
sort
.
By
that
time
that
the
enquests
for
the
prisoners
be
dispatched
,
it
is
commonlie
dinner
time
,
the
Iudges
and
Iustices
goe
to
dinner
,
and
after
dinner
returne
to
the
same
place
:
if
the
enquest
be
not
readie
for
the
prisoners
,
they
goe
to
some
other
enquests
of
nisiprius
,
which
be
ciuill
matters
and
priuate
to
driue
out
the
time
.
The
enquests
haue
no
sooner
agréed
vpon
their
charge
one
way
or
other
but
they
tell
the
Bailife
,
and
pray
to
be
heard
,
and
considering
that
they
be
themselues
all
this
while
as
prisoners
as
I
saide
before
,
it
is
no
maruell
,
though
they
make
expedition
.
The
prisoners
be
sent
for
againe
to
the
barre
,
the
enquest
which
hath
agréed
,
is
called
for
eche
one
of
the
Iurie
by
his
name
,
to
which
he
answereth
.
Then
the
clarke
asketh
if
they
be
agréed
,
and
who
shall
speake
for
them
.
One
or
moe
saith
yea
.
He
that
speaketh
for
them
all
is
called
the
foreman
,
and
commonlie
it
is
he
that
is
first
sworne
:
then
the
prisoner
is
bidden
to
holde
vp
his
hande
.
The
clarke
saith
vnto
him
,
Thou
art
endicted
by
the
name
of
A.
of
such
a
place
,
&c.
being
therefore
arraigned
thou
pleadest
thereto
not
guiltie
,
being
asked
howe
thou
would
be
tryed
,
thou
saydst
by
God
and
thy
countrie
.
These
honest
men
were
giuen
to
thee
by
God
&
thy
Prince
for
thy
Countrey
:
Hearken
what
they
say
.
Then
he
asketh
of
the
enquest
,
what
say
you
?
Is
he
guiltie
or
not
guiltie
?
The
foreman
maketh
aunswere
in
one
worde
,
guiltie
,
or
in
two
,
not
guiltie
:
the
one
is
deadlie
the
other
acquiteth
the
prisoner
.
So
that
neither
Iudge
nor
Iustice
hath
to
doe
,
or
can
reuerse
,
alter
or
chaunge
that
matter
,
if
they
say
guiltie
.
The
clarke
asketh
what
landes
,
tenements
,
or
goods
,
the
prisoner
had
at
the
time
of
the
felonie
committed
,
or
at
any
time
after
.
Commonlie
it
is
aunswered
that
they
knowe
not
,
nor
it
shall
not
greatly
néede
,
for
the
Sherife
is
diligent
enough
to
enquire
of
that
,
for
the
Prince
and
his
owne
aduantage
,
and
so
is
the
excheator
also
.
Of
him
whom
the
xij
.
men
pronounce
guiltie
,
the
Iudge
asketh
what
he
can
say
for
himselfe
:
if
he
can
reade
,
demaundeth
his
Clergie
.
For
in
many
felonies
,
as
in
theft
of
oxen
,
shéepe
,
money
,
or
other
such
things
which
be
no
open
robberies
,
by
the
high
way
side
,
nor
assaulting
one
by
night
in
his
house
,
putting
him
that
is
there
in
feare
,
such
is
the
fauour
of
our
Lawe
,
that
for
the
first
fault
the
felon
shal
be
admitted
to
his
Clergie
,
for
which
purpose
the
Bishop
must
send
one
with
authoritie
vnder
his
seale
to
be
Iudge
in
that
matter
at
euerie
gaole
deliuerie
.
If
the
condemned
man
demandeth
to
be
admitted
to
his
booke
,
the
Iudge
commonly
giueth
him
a
Psalter
,
and
turneth
to
what
place
he
will
.
The
prisoner
readeth
as
well
as
he
can
(
God
knoweth
sometime
very
slenderly
:
)
then
he
asketh
of
the
Bishops
commissarie
,
legit
vt
clericus
?
The
commissarie
must
say
legit
or
non
legit
,
for
these
be
wordes
formall
,
and
our
men
of
Lawe
be
very
precise
in
their
words
formall
.
If
he
say
legit
,
the
Iudge
procéedeth
no
further
to
sentence
of
death
:
if
he
say
non
,
the
Iudge
foorthwith
,
or
the
next
day
procéedeth
to
sentence
,
which
is
doone
by
word
of
mouth
onelie
:
Thou
A.
hast
béene
endicted
of
such
a
felonie
and
thereof
arraigned
,
thou
hast
pleaded
not
guiltie
,
and
put
thy selfe
vpon
God
and
thy
Countrie
,
they
haue
found
thée
guiltie
,
thou
hast
nothing
to
say
for
thy selfe
,
the
Lawe
is
,
thou
shalt
first
returne
to
the
place
from
whence
thou
camest
,
from
thence
thou
shalt
goe
to
the
place
of
execution
,
there
thou
shalt
hang
till
thou
be
dead
.
Then
he
saith
to
the
Sherife
,
Sherife
doe
execution
:
he
that
claimeth
his
Clergie
,
is
burned
forthwith
in
the
presence
of
the
Iudges
in
the
brawne
of
his
hand
with
a
hot
yron
marked
with
the
letter
T.
for
a
théefe
,
or
M.
for
a
mansleer
,
in
cases
where
Clergie
is
admitted
,
The
deliuerie
to
the
Bishops
prison
,
and
the
purgation
is
taken
away
by
statute
.
and
is
deliuered
to
the
Bishops
officer
to
be
kept
in
the
Bishops
prison
,
from
whence
after
a
certaine
time
by
an
other
enquest
of
Clarkes
he
is
deliuered
and
let
at
large
:
but
if
he
be
taken
and
condemned
the
second
time
,
and
his
marke
espied
,
he
goeth
to
hanging
.
He
whom
the
enquest
pronounceth
not
guiltie
is
acquitted
foorthwith
and
discharged
of
prison
,
paying
the
gaolers
fées
:
and
if
he
knowe
any
priuate
man
who
purchased
his
inditement
,
and
is
able
to
pursue
it
,
They
must
be
two
at
the
least
that
conspired
.
he
may
haue
an
action
of
conspiracie
against
him
,
and
a
large
amendes
:
but
that
case
chaunceth
seldome
.
Certaine
orders
peculiar
to
England
,
touching
punishment
of
malefactors
.
CHAP.
24.
FOr
any
felonie
,
manslaughter
,
robberie
,
murther
,
rape
,
and
such
capitall
crimes
as
touch
not
treason
&
laesam
maiestatem
,
we
haue
by
the
Lawe
of
England
no
other
punishment
,
but
to
hang
till
they
be
dead
:
when
they
be
dead
,
euerie
man
may
burie
them
that
will
,
as
commonly
they
be
.
Heading
,
tormenting
,
demembring
,
eyther
arme
or
legge
,
breaking
vpon
the
whéele
,
empaciling
,
&
such
cruel
torments
,
as
be
vsed
in
other
nations
by
the
order
of
their
law
,
we
haue
not
:
&
yet
as
few
murthers
committed
as
any
where
:
nor
it
is
not
in
the
Iudges
or
the
Iustices
power
,
to
aggrauate
or
mitigate
the
punishment
of
the
Lawe
,
but
in
the
Prince
onely
and
his
priuie
Counsell
,
which
is
maruellous
seldom
done
.
Yet
notable
murtherers
many
times
by
the
Princes
commaundement
,
after
they
be
hanged
with
corde
till
they
be
dead
,
bee
hanged
with
chaines
while
they
rotte
in
the
ayre
.
If
the
wife
kill
her
husbande
,
shée
shall
be
burned
aliue
.
If
the
seruaunt
kill
his
master
,
hee
shal
bee
drawen
on
a
hurdle
to
the
place
of
execution
:
it
is
called
petit
treason
.
Impoisoners
,
Quere
.
if
the
person
die
thereof
,
by
a
new
lawe
made
in
king
Henrie
the
eights
time
shal
be
boyled
to
death
:
but
this
mischiefe
is
rare
and
almost
vnknowen
in
England
.
Attempting
to
impoison
a
man
,
or
laying
await
to
kill
a
man
,
though
he
wound
him
daungerously
,
yet
if
death
followe
not
,
is
no
fellony
by
the
lawe
of
Englande
,
for
the
Prince
hath
lost
no
man
,
and
life
ought
to
be
giuen
we
say
,
but
for
life
only
.
And
againe
,
when
a
man
is
murdered
,
all
be
principals
and
shall
die
,
euen
he
that
doth
but
hold
the
candel
to
giue
light
to
the
murderers
.
For
mitigation
and
moderation
of
paines
,
is
but
corruption
of
Iudges
as
we
thinke
.
Likewise
,
torment
or
question
which
is
vsed
by
the
order
of
the
ciuill
lawe
and
custome
of
other
countreis
to
put
a
malefactor
to
excessiue
paine
,
to
make
him
confesse
of
him selfe
,
or
of
his
fellowes
or
complices
,
is
not
vsed
in
England
,
it
is
taken
for
seruile
.
For
what
can
he
serue
the
common
wealth
after
as
a
frée
man
,
who
hath
his
bodie
so
haled
and
tormented
,
if
he
be
not
found
guiltie
,
and
what
amends
can
be
made
him
?
And
if
he
must
die
,
what
crueltie
is
it
so
to
torment
him
before
?
Likewise
,
confession
by
torment
is
estéemed
for
nothing
,
for
if
he
confesse
at
the
iudgement
,
the
tryall
of
the
xij
.
goeth
not
vpon
him
:
If
he
denie
,
the
fact
,
that
which
he
said
before
hindereth
him
not
.
The
nature
of
English
men
is
to
neglect
death
,
to
abide
no
torment
:
And
therefore
he
will
confesse
rather
to
haue
done
any
thing
,
yea
,
to
haue
killed
his
own
father
,
than
to
suffer
torment
,
for
death
our
nation
doth
not
so
much
estéem
as
a
mean
torment
.
In
no
place
shal
you
sée
malefactors
go
more
constantly
,
more
assuredly
,
&
with
lesse
lamentation
to
their
death
than
in
England
.
Againe
,
the
people
not
accustomed
to
sée
such
cruell
torments
,
will
pitie
the
person
tormented
and
abhorre
the
Prince
and
the
Iudges
,
who
should
bring
in
such
crueltie
amongst
them
,
and
the
xij
.
men
the
rather
absolue
him
.
There
is
an
olde
lawe
of
England
,
that
if
any
gaoler
shall
put
any
prisoner
being
in
his
custodie
to
any
torment
,
to
the
intent
to
make
him
an
approuer
,
that
is
to
saie
an
accuser
or
Index
of
his
complices
,
the
gaoler
shall
dye
therefore
as
a
felon
.
And
to
say
the
trueth
,
to
what
purpose
is
it
to
vse
torment
?
For
whether
the
malefactor
confesse
or
no
,
and
whatsoeuer
he
saith
,
if
the
enquest
of
xij
.
do
find
him
guiltie
,
he
dyeth
therefore
without
delaye
.
And
the
malefactour
,
séeing
there
is
no
remedie
,
and
that
they
be
his
countrie
men
,
and
such
as
he
hath
himselfe
agreed
vnto
it
,
do
finde
them
worthie
death
,
yéeldes
for
the
most
part
vnto
it
,
and
doeth
not
repine
,
but
doth
accommodate
him selfe
to
aske
mercie
of
God
.
The
nature
of
our
nation
is
frée
,
stout
,
haulte
,
prodigall
of
life
and
bloud
:
but
contumelie
,
beatings
,
seruitude
and
seruile
torment
&
punishment
it
will
not
abide
.
So
in
this
nature
and
fashion
,
our
auncient
Princes
and
legislators
haue
nourished
them
,
as
to
make
them
stout
hearted
,
couragious
and
souldiers
,
not
villaines
and
slaues
,
and
that
is
the
scope
almost
of
all
our
policie
.
The
xij
.
as
soone
as
they
haue
giuen
their
verdict
are
dismissed
to
goe
whither
they
will
,
and
haue
no
manner
commoditie
&
profit
of
their
labour
and
verdict
,
but
onely
do
seruice
to
the
Prince
and
commonwealth
.
Of
Treason
,
&
the
trial
which
is
vsed
for
the
higher
nobilitie
and
Barons
.
CHAP.
25.
THe
same
order
touching
trial
by
enquest
of
xij
men
is
taken
in
Treason
,
but
the
paine
is
more
cruell
.
First
to
be
hanged
,
taken
downe
aliue
,
his
bowels
taken
out
and
burned
before
his
face
,
then
to
be
beheaded
,
and
quartered
,
and
those
set
vp
in
diuerse
places
.
If
anie
Duke
,
Marques
,
or
any
other
of
the
degrée
of
a
Baron
,
or
aboue
,
Lord
of
the
Parliament
be
appeached
of
treason
,
or
anie
other
capitall
crime
,
he
is
iudged
by
his
péeres
and
equals
:
that
is
,
the
yeomanrie
doth
not
go
vpon
him
,
but
an
enquest
of
the
Lordes
of
the
Parliament
,
and
they
giue
their
voice
,
not
one
for
all
,
but
eche
seuerally
as
they
do
in
Parliament
,
beginning
at
the
youngest
lord
.
Or
rather
high
stewa●●
of
England●
And
for
Iudge
one
lord
sitteth
,
who
is
Constable
of
England
for
that
day
.
The
iudgement
once
giuen
,
he
breaketh
his
staffe
and
abdicateth
his
office
.
In
the
rest
there
is
no
difference
from
that
aboue
written
.
THE
THIRDE
booke
.
Of
that
which
in
other
countries
is
called
appellation
,
or
prouocation
,
to
amend
the
iudgement
or
sentence
definitiue
,
which
is
thought
vniustly
giuen
in
causes
criminall
.
CHAP.
1.
IF
the
enquest
of
xij
men
do
séeme
to
the
Iudges
&
the
Iustices
to
haue
gon
too
violently
against
the
euidence
giuen
in
matters
criminall
,
either
it
is
that
vpon
slender
euidence
they
haue
pronounced
him
giltie
,
whom
the
Iudges
&
most
part
of
the
Iustices
thinkes
by
the
euidence
not
fullie
prooued
guiltie
,
or
for
some
other
cause
,
do
thinke
the
person
rather
worthie
to
liue
than
to
die
.
The
enquest
is
neuerthelesse
dimissed
:
but
when
the
Iudges
should
pronounce
the
sentence
of
death
vpon
the
person
found
guiltie
,
he
will
differ
it
,
which
is
called
to
repriue
the
prisoner
(
that
is
to
say
to
sende
him
againe
to
prison
)
and
so
declare
the
matter
to
the
Prince
,
and
obtaineth
after
a
time
for
the
prisoner
his
pardon
:
and
as
for
prouocation
or
appeale
which
is
vsed
so
much
in
other
countries
,
it
hath
no
place
in
England
,
after
sentence
giuen
by
the
xii
,
whereby
the
person
is
founde
guiltie
or
not
guiltie
:
but
without
that
repriuing
the
sentence
is
streight
put
in
execution
by
the
sherife
.
And
if
they
either
escape
or
die
an
other
death
,
the
sherife
escapeth
not
to
paie
a
great
fine
and
ransom
at
the
Princes
mercie
:
if
hauing
pregnant
euidence
neuerthelesse
the
xii
doe
acquite
the
malefactor
,
which
they
will
doe
sometime
,
and
especially
if
they
perceiue
either
one
of
the
Iustices
,
or
of
the
Iudges
,
or
some
other
man
to
pursue
too
much
and
too
malitiously
the
death
of
the
prisoner
,
and
doe
suspect
some
subornation
of
the
witnesse
,
or
them
which
doe
giue
euidence
,
and
sometime
if
they
perceiue
the
Iudge
would
haue
the
prisoner
escape
,
and
in
repeating
the
euidence
doe
giue
them
thereof
some
watchworde
.
But
if
they
doe
as
I
haue
saide
,
pronounce
not
guiltie
vpon
the
prisoner
against
whome
manifest
witnesse
is
brought
in
,
the
prisoner
escapeth
:
but
the
xii
not
onely
be
rebuked
by
the
Iudges
,
but
also
threatned
of
punishment
,
and
many
times
commaunded
to
appeare
in
the
starrechamber
,
or
before
the
priuie
counsell
for
the
matter
.
But
this
threatning
chaunceth
oftener
than
the
execution
thereof
,
and
the
xii
answere
with
most
gentle
wordes
,
they
did
it
according
to
their
consciences
,
and
pray
the
Iudges
to
be
good
vnto
them
,
they
did
as
they
thought
right
,
and
as
they
accorded
all
,
and
so
it
passeth
away
for
the
most
part
.
Yet
I
haue
séene
in
my
time
(
but
not
in
the
raigne
of
the
Quéene
nowe
)
that
an
enquest
for
pronouncing
one
not
guiltie
of
treason
contrarie
to
such
euidence
as
was
brought
in
,
were
not
onely
imprisoned
for
a
space
,
but
an
houge
fine
set
vpon
their
heads
,
which
they
were
faine
to
pay
:
An
other
enquest
for
acquiting
an
other
,
beside
paying
a
fine
of
money
,
put
to
open
ignominie
and
shame
.
But
those
doinges
were
euen
then
of
many
accounted
verie
violent
,
tyrannicall
,
and
contrarie
to
the
libertie
and
custome
of
the
realme
of
England
.
Wherefore
it
commeth
verie
seldome
in
vse
,
yet
so
much
at
a
time
the
enquest
may
be
corrupted
,
that
the
Prince
may
haue
cause
with
iustice
to
punish
them
:
For
they
are
men
,
and
subiect
to
corruption
and
parcialitie
,
as
others
be
.
What
remedie
is
,
if
the
sentence
be
thought
vniustly
giuen
.
CHAP.
2.
IN
causes
ciuil
there
is
another
order
:
for
if
after
the
matter
be
pleaded
to
the
issue
,
and
the
xij
men
thereupon
impaneled
,
the
euidence
brought
and
pleaded
before
them
on
both
the
parties
,
the
xij
séeme
to
be
parciall
,
and
to
haue
giuen
sentence
contrarie
to
the
euidence
shewed
vnto
them
:
the
partie
gréeued
may
bring
against
them
,
and
the
partie
for
whome
the
sentence
is
giuen
,
a
writ
of
attaint
:
and
where
as
before
vpon
the
first
quest
commonly
they
all
be
yeomen
,
now
vppon
this
attaint
must
go
xxiiij
gentlemen
dwelling
within
the
shire
,
and
xij
at
the
least
of
the
hundreth
where
the
lande
lyeth
.
The
matter
is
pleaded
againe
before
the
same
Iudges
.
The
partie
defendant
is
not
onely
nowe
he
,
who
claimeth
the
lande
,
but
also
all
and
euery
of
the
yeomen
,
who
by
their
verdict
did
giue
it
him
.
There
must
in
the
attaint
no
more
euidence
be
brought
in
,
No
more
euidence
on
the
behalfe
of
the
plaintife
,
but
of
the
defendant
there
may
.
but
onely
that
which
was
brought
in
,
and
alledged
before
the
first
enquest
.
And
if
this
seconde
enquest
of
xxiiij
gentlemen
do
adiudge
as
the
first
did
,
the
plaintife
shall
not
onely
lose
the
land
,
but
also
paie
a
fine
to
the
Prince
and
damages
to
the
partie
.
If
this
seconde
enquest
do
finde
that
the
first
enquest
hath
gone
parcially
,
and
against
the
euidence
brought
in
before
them
,
the
first
enquest
is
called
attainted
,
and
accounted
as
periured
and
infamed
.
The
Prince
had
before
the
waste
of
all
their
lands
and
possessions
with
other
punishments
,
The
statute
of
23.
Henrie
8.
doth
not
abolish
common
lawe
,
but
giueth
a
more
profitable
for
the
plaintife
.
which
at
this
present
by
a
lawe
made
by
parliament
in
the
time
of
king
Henrie
the
eight
is
abolished
,
and
nowe
by
that
law
or
act
of
parliament
,
beside
other
punishment
,
eche
of
the
quest
attainted
payeth
vnto
the
Prince
and
partie
v.
li.
if
it
be
vnder
fourtie
poundes
:
and
if
aboue
,
then
xx
.
li.
Attaints
be
verie
seldome
put
in
vse
,
partly
because
the
gentlemen
will
not
méete
to
slaunder
and
deface
the
honest
yeomen
their
neighbours
:
so
that
of
a
long
time
,
they
had
rather
paie
a
mean
fine
than
to
appeare
and
make
the
enquest
.
And
in
the
meane
time
they
will
intreat
so
much
as
in
them
lyeth
the
parties
to
come
to
some
composition
and
agréement
among
them selues
,
as
lightly
they
do
,
except
either
the
corruption
of
the
enquest
be
too
euident
,
or
the
one
partie
is
too
obstinate
and
headstrong
.
And
if
the
gentlemen
do
appeare
,
gladlyer
they
will
confirme
the
first
sentence
,
for
the
causes
which
I
haue
saide
,
than
go
against
it
.
But
if
the
corruption
be
too
much
euident
,
they
will
not
sticke
to
attaint
the
first
enquest
:
yet
after
the
gentlemen
haue
attainted
the
yeomen
,
if
before
the
sentence
be
giuen
by
the
Iudge
(
which
ordinarily
for
a
time
is
differred
)
the
parties
be
agréed
,
or
one
of
them
be
dead
,
the
attaint
ceaseth
.
If
at
anie
time
before
the
sentence
be
giuen
or
put
in
execution
,
there
be
found
some
such
errour
in
the
writ
,
in
the
proces
,
or
forme
(
as
our
lawyers
be
verie
precise
and
curious
of
their
formes
)
that
it
may
be
reuocable
,
it
is
brought
afresh
to
the
disputation
by
a
writ
of
errour
,
and
all
that
is
doone
reuersed
.
But
that
is
common
to
all
other
countries
,
where
the
ciuill
law
is
vsed
,
which
they
call
de
nullitate
processus
,
and
serueth
both
in
Englande
and
in
other
places
aswell
in
causes
criminall
,
as
ciuill
.
Other
kinde
of
appellation
to
reuoke
processes
,
and
to
make
them
of
short
,
long
,
of
long
,
infinite
,
which
is
vsed
by
the
ciuill
lawe
,
we
haue
not
in
our
common
lawe
of
Englande
.
By
supplication
to
the
Prince
and
complaint
to
the
Chauncellor
vpon
supposall
of
losse
or
lacke
of
euidence
,
or
too
much
fauour
in
the
countrey
,
and
power
of
the
aduersarie
,
there
is
in
our
countrey
as
well
as
theirs
both
stopping
and
prolongation
of
Iustice
.
For
what
will
not
busie
heades
and
louers
of
trouble
neuer
being
satisfied
inuent
in
any
countrey
to
haue
their
desire
,
which
is
to
vex
their
neighbours
,
and
to
liue
alwaies
in
disquiet
?
Men
euen
permitted
of
God
like
flies
,
and
lise
,
and
other
vermine
to
disquiet
them
,
who
would
imploie
themselues
vpon
better
businesse
and
more
necessarie
for
the
common
wealth
:
these
men
are
hated
,
and
feared
of
their
neighbours
,
loued
and
aided
of
them
which
gaine
by
proces
,
and
waxe
fatte
by
the
expence
&
trouble
of
other
.
But
as
these
men
ordinarily
spende
their
owne
thrift
,
and
make
others
against
their
wils
to
spende
theirs
:
so
sometime
being
throughly
knowen
,
they
do
not
onely
liue
by
the
losse
like
euill
husbandes
,
but
beside
rebuke
&
shame
,
by
the
equitie
of
the
Prince
and
courtes
soueraigne
,
they
come
to
be
extraordinarily
punished
,
both
corporally
,
&
by
their
purse
,
which
thing
in
my
minde
is
as
royall
and
princely
an
act
,
and
so
beneficiall
to
the
commonwealth
,
as
in
so
small
a
matter
a
King
or
a
Quéene
can
doe
,
for
the
repose
and
good
education
of
their
subiectes
.
Of
that
which
in
England
is
called
appeale
,
in
other
places
accusation
.
CHAP.
3.
IF
any
man
hath
killed
my
father
,
my
sonne
,
my
wife
,
my
brother
,
or
next
kinsman
,
I
haue
choice
to
cause
him
to
be
endicted
,
by
giuing
information
to
the
enquest
of
enquirie
,
(
although
he
chaunce
to
escape
the
Constable
or
Iustices
handes
,
and
therefore
not
to
be
apprehended
)
and
thereupon
to
procure
him
to
be
outlawed
,
or
else
within
a
yéere
and
a
day
I
may
enter
my
appeale
,
that
is
mine
accusation
against
him
.
If
I
begun
first
to
pursue
him
by
information
or
denunciation
to
enditement
,
I
am
nowe
no
partie
but
the
Prince
,
who
for
his
duetie
to
God
and
his
common
wealth
and
subiects
,
must
sée
iustice
executed
against
all
malefactors
&
offenders
against
the
peace
,
which
is
called
Gods
and
his
,
&
doeth
in
such
maner
as
I
haue
saide
before
.
If
I
leaue
that
and
will
appeale
,
which
is
profer
my
accusation
against
him
who
hath
doone
to
me
this
iniurie
,
the
defendant
hath
this
aduauntage
to
put
himselfe
to
the
Iurie
,
which
is
to
that
which
before
is
saide
to
haue
that
issue
and
triall
by
God
and
his
countrie
,
In
appeale
the
battle
is
tryed
by
the
parties
onely
,
and
in
writs
of
right
by
champions
.
whereof
the
fashion
I
haue
at
large
declared
:
or
to
demaund
the
triall
by
battle
,
wherein
both
the
parties
must
eyther
themselues
in
person
,
or
else
finde
other
for
them
,
who
be
called
in
our
Law
Champions
or
Campions
,
some
doeth
interprete
them
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
because
they
be
men
chosen
,
fat
,
lustie
,
fit
to
the
feate
,
or
as
the
Frenche
doe
terme
them
adroicts
aux
armes
,
which
shall
fight
it
out
by
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
or
as
now
they
doe
call
it
duellum
,
or
the
campe
,
which
shall
haue
all
things
equall
:
but
according
as
Mars
giueth
the
victorie
,
so
the
Lawe
is
iudged
the
one
as
peractus
reus
,
the
other
is
calumniator
to
suffer
the
paine
of
death
.
So
that
by
the
great
assise
there
is
no
appellation
but
death
or
life
to
the
defendant
,
but
this
is
more
daungerous
and
equall
,
for
the
one
or
the
other
must
die
.
So
it
is
not
in
the
grande
assise
,
for
the
reus
or
defendaunt
is
onely
in
daunger
of
death
.
Short
it
is
from
day
to
sunne
set
,
the
quarell
is
ended
,
or
sooner
who
hath
the
better
fortune
.
This
seemeth
very
militarie
(
as
in
maner
all
our
policie
of
Englande
)
and
to
haue
as
small
to
doe
with
Lawyers
as
with
Phisitions
,
quicklie
to
dispatche
,
and
for
the
rest
to
returne
,
eche
man
to
his
buisinesse
,
to
serue
the
common
wealth
in
his
vocation
.
The
Popes
of
Rome
,
and
men
of
the
Church
who
of
long
time
haue
had
dominion
in
our
consciences
,
and
would
bring
things
to
a
more
moderation
,
haue
much
detected
this
kinde
of
triall
and
iudgement
,
as
reason
is
euerie
man
misliketh
that
which
is
not
like
to
his
education
,
and
colde
reasoning
by
Theologie
and
Philosophie
:
they
I
say
much
mislike
many
things
doone
necessarily
in
whot
policie
.
At
the
least
a
common
wealth
militarie
must
aduenture
many
things
to
kéepe
it
in
quiet
,
which
cannot
séeme
to
precisely
good
to
them
which
dispute
thereof
in
the
shadowe
and
in
their
studies
:
Howsoeuer
it
be
,
this
kinde
of
triall
of
long
time
hath
not
béene
vsed
.
So
that
at
this
time
we
may
rather
séeke
the
experience
of
it
out
of
our
histories
of
time
passed
,
than
of
any
viewe
or
sight
thereof
,
of
them
which
are
nowe
aliue
.
Neverthelesse
the
Lawe
remaineth
still
,
and
is
not
abolished
,
and
if
it
shall
chaunce
the
murtherer
or
mansleer
(
the
one
we
call
him
that
lyeth
in
waite
,
and
as
they
terme
it
in
Frenche
de
guet
appendaunt
killeth
the
man
,
the
other
who
by
casuall
falling
out
and
sodaine
debate
and
choller
doeth
the
same
which
way
soeuer
it
be
doone
)
if
he
that
hath
slaine
the
man
,
hath
his
pardon
of
the
prince
,
as
occasion
or
the
fauour
of
the
Prince
may
so
present
,
The
battle
or
Iurie
is
at
the
election
of
the
defendant
that
he
may
haue
it
,
yet
the
partie
grieued
hath
these
two
remedies
,
I
say
to
require
iustice
by
grand
assise
,
or
battle
vpon
his
appeale
&
priuate
reuenge
,
which
is
not
denyed
him
.
And
if
the
defendant
either
by
great
assise
or
by
battle
be
conuinced
vpon
that
appeale
,
he
shall
die
,
notwithstanding
the
Princes
pardon
.
So
much
fauourable
our
Princes
be
,
and
the
lawe
of
our
Realme
to
iustice
and
to
the
punishment
of
blood
violently
shed
.
Of
the
Court
of
Starre
Chamber
.
CHAP.
4.
THere
is
yet
in
Englande
an
other
court
,
of
the
which
that
I
can
vnderstand
there
is
not
the
like
in
any
other
Countrie
.
In
the
Terme
time
(
the
Terme
time
as
I
haue
heretofore
shewed
,
I
call
the
time
and
those
daies
when
the
Lawe
is
exercised
in
Westminster
hall
,
which
as
I
haue
said
is
but
at
certaine
times
and
termes
)
every
wéeke
once
at
the
least
,
which
is
commonly
on
Fridaies
,
and
Wednesdaies
,
and
the
next
day
after
that
the
terme
doeth
ende
,
the
Lorde
Chauncellor
,
and
the
Lordes
and
other
of
the
priuie
Counsell
,
so
many
as
will
,
and
other
Lordes
and
Barons
which
be
not
of
the
priuie
Counsell
,
and
be
in
the
towne
,
and
the
Iudges
of
England
,
specially
the
two
chiefe
Iudges
,
from
ix
.
of
the
clocke
till
it
be
xj
.
doe
sit
in
a
place
which
is
called
the
starre
chamber
,
either
because
it
is
full
of
windowes
,
or
because
at
the
first
all
the
roofe
thereof
was
decked
with
images
of
starres
gilted
.
There
is
plaints
heard
of
riots
.
Riot
is
called
in
our
English
terme
or
speache
,
where
any
number
is
assembled
with
force
to
doe
any
thing
:
and
it
had
the
beginning
,
because
that
our
being
much
accustomed
either
in
foreine
wars
,
in
Fraunce
,
Scotland
,
or
Ireland
,
or
being
ouermuch
exercised
with
ciuill
warres
within
the
Realme
(
which
is
the
fault
that
falleth
ordinarily
amongest
bellicous
nations
)
whereby
men
of
warre
,
Captaines
and
souldiers
become
plentifull
▪
which
when
they
haue
no
externe
seruice
wherewith
to
occupie
their
buisie
heads
&
handes
accustomed
to
fight
and
quarell
,
must
néedes
séeke
quarels
and
contentions
amongest
themselues
,
and
become
so
readie
to
oppresse
right
among
their
neighbours
,
as
they
were
woont
before
with
praise
of
manhoode
,
to
be
in
resisting
iniurie
offered
by
their
enemies
.
So
that
our
nation
vsed
hereunto
,
&
vpon
that
more
insolent
at
home
,
and
not
easie
to
be
gouerned
by
Lawe
and
politike
order
,
men
of
power
beginning
many
fraies
,
and
the
stronger
by
factions
and
parties
offering
too
much
iniurie
to
the
weaker
,
were
occasions
of
making
good
Lawes
.
First
of
reteiners
,
that
no
man
should
haue
aboue
a
number
in
his
Liuerie
or
retinue
:
then
of
the
enquirie
of
routs
and
riots
at
euerie
Sessions
,
and
of
the
lawe
whereby
it
is
prouided
that
if
any
by
force
or
by
riot
enter
vpon
any
possessions
,
the
Iustices
of
the
peace
shal
assemble
themselues
&
remooue
the
force
,
&
within
certain
time
enquire
thereof
.
And
further
,
because
such
things
are
not
commonlie
done
by
meane
men
,
but
by
such
as
be
of
power
&
force
,
&
be
not
to
be
dealt
withal
of
euerie
man
,
nor
of
meane
Gentlemen
:
if
the
riot
be
found
&
certified
to
the
Kings
Counsell
,
or
if
otherwise
it
be
complained
of
,
the
partie
is
sent
for
,
Sent
for
by
Sub
poena
.
and
he
must
appeare
in
this
starre
chamber
,
where
séeing
(
except
the
presence
of
the
Prince
onely
)
as
it
were
the
maiestie
of
the
whole
Realme
before
him
,
being
neuer
so
stoute
,
he
will
be
abashed
:
and
being
called
to
aunswere
(
as
he
must
come
of
what
degrée
soeuer
he
be
)
he
shall
be
so
charged
with
such
grauitie
,
with
such
reason
&
remonstrance
,
and
of
those
chiefe
personages
of
Englande
,
one
after
an
other
handeling
him
on
that
sort
,
that
what
courage
soever
he
hath
,
his
heart
will
fall
to
the
grounde
,
and
so
much
the
more
,
when
if
he
make
not
his
aunswere
the
better
,
as
seldome
he
can
in
so
open
violence
,
he
shal
be
commaunded
to
the
Fléete
,
where
he
shall
be
kept
in
prison
in
such
sort
as
these
Iudges
shall
appoint
him
,
lie
there
till
he
be
wearie
aswell
of
the
restraint
of
his
libertie
,
as
of
the
great
expences
,
which
he
must
there
sustaine
,
and
for
a
time
be
forgotten
,
whiles
after
long
suite
of
his
friendes
,
he
will
be
glad
to
be
ordered
by
reason
.
Sometime
as
his
deserts
be
,
he
payeth
a
great
fine
to
the
Prince
,
besides
great
costs
and
dammages
to
the
partie
,
and
yet
the
matter
wherefore
he
attempteth
this
riot
and
violence
is
remitted
to
the
common
lawe
.
For
that
is
the
effect
of
this
Court
to
bridle
such
stoute
noble
men
,
or
Gentlemen
which
would
offer
wrong
by
force
to
any
manner
men
,
and
cannot
be
content
to
demaund
or
defend
the
right
by
order
of
lawe
.
This
court
began
long
before
,
but
tooke
great
augmentation
and
authoritie
at
that
time
that
Cardinall
Wolsey
Archebishop
of
Yorke
was
Chauncellor
of
Englande
,
who
of
some
was
thought
to
haue
first
deuised
the
Court
,
because
that
he
after
some
intermission
by
negligence
of
time
,
augmented
the
authoritie
of
it
,
which
was
at
that
time
maruellous
necessary
to
doe
,
to
represse
the
insolencie
of
the
noble
men
and
gentlemen
of
the
North
partes
of
Englande
,
who
being
farre
from
the
King
and
the
seate
of
iustice
made
almost
as
it
were
an
ordinarie
warre
among
themselues
,
and
made
their
force
their
Lawe
,
banding
themselues
with
their
tenaunts
and
seruants
to
doe
or
reuenge
iniurie
one
against
an
other
as
they
listed
.
This
thing
séemed
not
supportable
to
the
noble
prince
King
Henrie
the
eight
:
and
sending
for
them
one
after
an
other
to
his
Court
to
aunswere
before
the
persons
before
named
,
after
they
had
had
remonstrance
shewed
them
of
their
euill
demeanor
,
and
béene
well
disciplined
as
well
by
words
as
by
fléeting
a
while
,
and
thereby
their
purse
and
courage
somwhat
asswaged
,
they
began
to
range
themselues
in
order
,
and
to
vnderstand
that
they
had
a
Prince
who
would
rule
his
subiects
by
his
lawes
and
obedience
.
Sith
that
time
this
court
hath
béene
in
more
estimation
,
and
is
continued
to
this
day
in
manner
as
I
haue
saide
before
.
Of
the
Courts
of
Wards
and
Liueries
.
CHAP.
5.
HE
whom
we
call
a
ward
in
Englande
,
is
called
in
Latine
pupillus
,
and
in
Gréeke
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
The
gardian
is
called
in
Latine
tutor
,
in
Gréeke
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
A
warde
or
infant
is
taken
for
a
childe
in
base
age
,
whose
father
is
dead
.
The
Romanes
made
two
distinctions
pupillum
&
minorem
,
the
one
to
xiiii
,
yere
old
,
the
other
was
accounted
from
thence
to
xxv
.
And
as
pupillus
had
tutorem
,
so
minor
had
curatorem
til
he
came
to
the
age
of
xxv
.
These
tutors
or
curators
were
accountable
for
the
reuenues
of
the
pupils
minors
lands
,
&
great
prouision
and
many
lawes
and
orders
is
made
for
them
in
the
bookes
of
the
ciuil
Lawe
,
for
rendering
iust
&
true
accounts
.
So
that
to
be
a
gardian
or
tutor
was
accounted
among
them
to
be
a
charge
or
trouble
,
a
thing
subiect
to
much
encumbraunce
and
small
profite
,
so
that
diuerse
meanes
were
sought
for
,
to
excuse
men
from
it
.
With
vs
this
is
cleane
contrarie
,
for
it
is
reckoned
a
profite
to
haue
a
warde
.
For
the
Lorde
of
whom
the
warde
doeth
hold
the
land
,
so
soone
as
by
the
death
of
the
father
the
childe
falleth
warde
vnto
him
,
he
seaseth
vpon
the
body
of
the
ward
and
his
landes
,
of
which
(
so
that
he
doeth
nourish
the
ward
,
)
he
taketh
the
profite
without
accounts
,
and
beside
that
offering
to
his
ward
couenable
mariage
without
dispergement
before
the
age
of
xxl.
yeres
if
it
be
a
man
,
or
xiiii
.
if
it
be
a
woman
.
If
the
ward
refuse
to
take
that
mariage
,
he
or
she
must
pay
the
value
of
the
mariage
,
which
is
commonly
rated
according
to
the
profite
of
his
landes
.
All
this
while
I
speake
of
that
which
is
called
in
French
garde
noble
,
Gardian
in
cheualry
,
and
gardian
in
Socage
.
that
is
of
such
as
holde
lands
of
other
,
by
knight
seruice
,
for
that
is
an
other
kinde
of
seruice
which
we
call
in
Frenche
gard
returier
,
we
call
it
gard
in
socage
,
that
is
of
such
as
doe
not
holde
by
knight
seruice
,
but
by
tenure
of
the
plough
.
This
wardship
falleth
to
him
who
is
next
of
the
kinne
,
and
cannot
inherite
the
land
of
the
warde
as
the
vncle
by
the
mothers
side
,
if
the
land
doe
discend
by
the
father
and
of
the
fathers
side
,
if
the
lande
discend
by
the
mother
.
This
gardian
is
accountable
for
the
reuenues
and
profites
of
the
land
,
as
the
tutor
by
the
ciuill
Lawe
to
the
warde
or
pupill
so
soone
as
he
is
of
full
age
.
The
man
is
not
out
of
wardshippe
by
our
lawe
till
xxj
.
yere
olde
,
from
thence
he
is
reckoned
of
full
age
,
aswell
as
in
the
Romane
lawes
at
xxv
.
The
woman
at
xiiij
.
is
out
of
warde
,
for
shée
may
haue
an
husband
able
to
doe
knightes
seruice
say
our
bookes
.
And
because
our
wiues
be
in
the
power
(
as
I
shall
tell
you
hereafter
)
of
their
husbands
,
it
is
no
reason
,
she
should
be
in
two
diuerse
gards
.
Many
men
doe
estéeme
this
wardship
by
knightes
seruice
very
vnreasonable
and
vniust
,
and
contrarie
to
nature
,
that
a
Fréeman
and
Gentleman
should
be
bought
and
solde
like
an
horse
or
an
oxe
,
and
so
change
gardians
as
masters
and
lordes
:
at
whose
gouernement
not
onely
his
bodie
but
his
landes
and
his
houses
should
be
,
to
be
wasted
and
spent
without
accounts
,
and
then
to
marie
at
the
will
of
him
,
who
is
his
naturall
Lorde
,
or
his
will
who
hath
bought
him
,
to
such
as
he
like
not
peraduenture
,
or
else
to
pay
so
great
a
ransom
.
This
is
the
occasion
they
say
,
why
many
gentlemen
be
so
euil
brought
vp
touching
vertue
and
learning
,
and
but
onely
in
deintinesse
and
pleasure
:
and
why
they
be
maried
very
young
and
before
they
bee
wife
,
and
many
times
do
not
greatly
loue
their
wiues
.
For
when
the
father
is
dead
,
who
hath
the
natural
care
of
his
childe
,
not
the
mother
,
nor
the
vnckle
,
nor
the
next
of
kinne
,
who
by
all
reason
would
haue
most
naturall
care
to
the
bringing
vp
of
the
infant
and
minor
,
but
the
Lorde
of
whom
he
holdeth
his
land
in
knights
seruice
,
be
it
the
King
or
Quéene
,
Duke
,
Marquesse
,
or
any
other
,
hath
the
gouernement
of
his
bodie
and
mariage
,
or
else
who
that
bought
him
at
the
first
,
second
or
thirde
hande
.
The
Prince
as
hauing
so
many
,
must
néedes
giue
or
sell
his
wardes
away
to
other
,
and
so
he
doeth
.
Other
doe
but
séeke
which
way
they
may
make
most
aduauntage
of
him
,
as
of
an
oxe
or
other
beast
.
These
all
(
say
they
,
)
haue
no
naturall
care
of
the
infant
,
but
of
their
owne
gaine
,
and
especially
the
buyer
will
not
suffer
his
warde
to
take
any
great
paines
,
either
in
studie
,
or
any
other
hardenesse
,
least
he
should
be
sicke
and
die
,
before
he
hath
maried
his
daughter
,
sister
or
cousin
,
for
whose
sake
he
bought
him
:
and
then
all
his
money
which
he
paide
for
him
should
be
lost
.
So
he
,
who
had
a
father
,
which
kept
a
good
house
,
But
the
Lorde
shal
be
punished
for
the
wast
,
by
losse
of
the
ward
:
or
treble
dammages
,
if
that
suffice
not
.
and
had
all
things
in
order
to
maintaine
it
,
shall
come
to
his
owne
,
after
he
is
out
of
wardshippe
,
woods
decayed
,
houses
fallen
downe
,
stocke
wasted
and
gone
,
land
let
foorth
and
plowed
to
the
baren
,
and
to
make
amends
,
shall
pay
yet
one
yeres
rent
for
reliefe
and
sue
ouster
le
maind
,
beside
other
charges
,
so
that
not
of
manie
yeres
and
peraduenture
neuer
he
shall
be
able
to
recouer
,
and
come
to
the
estate
where
his
father
left
it
.
This
as
it
is
thought
was
first
graunted
vpon
a
great
extremitie
to
King
Henrie
the
3.
for
a
time
vpon
the
warre
which
he
had
with
his
Barons
,
and
afterward
,
increased
,
and
multiplied
to
more
and
more
persons
and
grieuances
,
and
will
be
the
decay
of
the
nobilitie
and
libertie
of
England
,
Other
againe
say
,
the
ward
hath
no
wrong
.
For
eyther
his
father
purchased
the
lande
,
or
it
did
discend
vnto
him
from
his
auncesters
with
this
charge
.
And
because
he
holdeth
by
knightes
seruice
,
which
is
in
armes
and
defence
,
séeing
that
by
age
he
cannot
doe
that
whereto
hee
is
bound
by
his
lande
,
it
is
reason
he
aunswere
that
profite
to
the
Lorde
,
whereby
he
may
haue
as
able
a
man
to
doe
the
seruice
.
The
first
knights
in
Rome
,
those
that
were
chosen
equites
Romani
,
had
equum
publicum
on
which
they
serued
,
and
that
was
at
the
charge
of
widowes
and
wards
,
as
appeareth
by
Titus
Liuius
,
because
that
those
persons
could
not
doe
bodilie
seruice
to
the
common
wealth
.
Wherfore
this
is
no
newe
thing
,
but
thought
reasonable
in
that
most
wise
common
wealth
,
and
to
the
prudent
King
Seruius
Tullius
.
As
for
the
education
of
our
common
wealth
,
it
was
at
the
first
militaire
,
and
almost
in
all
things
the
scope
and
deseigne
thereof
is
militaire
.
Yet
was
it
thought
most
like
,
that
noble
men
,
good
knights
,
and
great
captaines
would
bring
up
their
wards
in
their
owne
feates
and
vertues
,
and
then
mary
them
into
like
rase
and
stocke
where
they
may
finde
and
make
friendes
,
who
can
better
looke
to
the
education
or
better
skill
of
of
the
bringing
vp
of
a
gentleman
,
than
he
who
for
his
higher
nobilitie
hath
such
a
one
to
holde
of
him
by
knights
seruice
,
or
would
doe
it
better
than
he
that
looketh
or
may
claime
such
seruice
of
his
ward
,
when
age
and
yeres
will
make
him
able
to
doe
it
.
That
which
is
saide
that
this
maner
of
wardship
began
in
the
time
of
King
Henrie
the
3.
cannot
séeme
true
.
For
in
Normandie
and
other
places
of
Fraunce
the
same
order
is
.
And
that
statute
made
in
King
Henrie
the
thirds
time
touching
wards
,
to
him
that
will
wey
it
wel
,
may
séeme
rather
a
qualification
of
that
matter
,
and
an
argument
that
the
fashion
of
wardship
was
long
before
:
but
of
this
matter
an
other
time
shall
be
more
conuenient
to
dispute
.
This
may
suffice
to
declare
the
maner
of
it
.
Of
Wiues
and
mariages
.
CHAP.
6.
THe
wiues
in
Englande
be
as
I
saide
in
potestate
maritorum
,
not
that
the
husbande
hath
vitae
ac
necis
potestatem
,
as
the
Romans
had
in
the
olde
time
of
their
children
,
for
that
is
onely
in
the
power
of
the
Prince
,
and
his
lawes
,
as
I
haue
saide
before
,
but
that
whatsoever
they
haue
before
mariage
,
as
soone
as
mariage
is
solemnished
is
their
husbandes
,
I
meane
of
money
,
plate
,
iuelles
,
cattaile
,
and
generally
all
moueables
.
For
as
for
lande
and
heritage
followeth
the
succession
,
and
is
ordered
by
the
lawe
as
I
shall
say
héereafter
:
and
what
soever
they
gette
after
mariage
,
they
get
to
their
husbands
.
They
neither
can
giue
nor
sell
anie
thing
either
of
their
husbandes
,
or
their
owne
.
Theirs
no
moueable
thing
is
by
the
law
of
England
constanti
matrimonio
,
but
as
peculium
serui
aut
filijfamilias
:
and
yet
in
moueables
at
the
death
of
her
husbande
she
can
claime
nothing
,
but
according
as
hee
shall
will
by
his
Testament
,
no
more
than
his
sonne
can
:
all
the
rest
is
in
the
disposition
of
the
executors
if
he
die
testate
.
Yet
in
London
and
other
great
cities
they
haue
that
lawe
and
custome
,
that
when
a
man
dieth
,
his
goods
be
diuided
into
thrée
partes
.
One
thirde
is
imployed
vppon
the
buriall
and
the
bequestes
which
the
testator
maketh
in
his
testament
.
An other
thirde
part
the
wife
hath
as
her
right
,
and
the
thirde
third
part
is
the
dewe
and
right
of
his
children
,
equally
to
be
diuided
among
them
.
So
that
a
man
there
can
make
testament
but
of
one
thirde
of
his
goods
:
if
he
die
interstate
,
the
funerals
deducted
the
goods
be
equally
diuided
betwéene
the
wife
and
the
children
.
By
the
common
lawe
of
Englande
if
a
man
die
intestate
,
the
Ordinarie
(
which
is
the
Bishoppe
by
common
intendment
)
sometime
the
Archdeacon
,
Dean
,
or
Prebendarie
by
preuiledge
and
prescription
,
doeth
commit
the
administration
of
the
goods
to
the
widowe
or
the
child
,
or
next
kinsman
of
the
dead
,
appointing
out
portions
to
such
as
naturally
it
belongeth
vnto
,
and
the
Ordinarie
by
common
vnderstanding
hath
such
grauitie
and
discretion
as
shal
be
méete
for
so
absolute
an
authoritie
for
the
most
part
,
following
such
diuision
as
is
vsed
in
London
,
either
by
thirdes
or
halfes
.
Our
forefathers
newely
conuerted
to
the
Christian
faith
had
such
confidence
in
their
pastors
&
instructours
,
and
tooke
them
to
be
men
of
such
conscience
that
they
committed
that
matter
to
their
discretion
,
and
belike
at
the
first
they
were
such
as
would
séeke
no
priuate
profit
to
themselues
thereby
,
that
being
once
so
ordeined
hath
still
so
continued
.
The
abuse
which
hath
followed
was
in
part
redressed
by
certaine
actes
of
parliament
made
in
the
time
of
king
Henrie
the
eight
,
touching
the
probate
of
testamentes
committing
of
administration
&
mortuaries
.
But
to
turne
to
the
matter
which
we
nowe
haue
in
hande
,
the
wife
is
so
much
in
the
power
of
her
husband
,
that
not
onely
her
goods
by
marriage
are
streight
made
her
husbandes
,
and
she
looseth
all
her
administration
which
she
had
of
them
:
but
also
where
all
English
men
haue
name
and
surname
,
as
the
Romans
had
,
Marcus
Tullius
,
Caius
Pompeius
,
Caius
Iulius
,
whereof
the
name
is
giuen
to
vs
at
the
font
,
the
surname
is
the
name
of
the
gentilitie
and
stocke
which
the
sonne
doth
take
of
the
father
alwaies
,
as
the
olde
Romans
did
,
our
daughters
so
soone
as
they
be
maried
loose
the
surname
of
their
father
,
and
of
the
family
and
stocke
whereof
they
doe
come
,
and
take
the
surname
of
their
husbands
,
as
transplanted
from
their
family
into
an
other
.
So
that
if
my
wife
was
called
before
Philippe
Wilford
by
her
owne
name
and
her
fathers
surname
,
as
soone
as
she
is
maried
to
me
she
is
no
more
called
Philippe
Wylford
,
but
Philippe
Smith
,
and
so
must
she
write
and
signe
:
and
as
she
changeth
husbandes
,
so
she
chaungeth
surnames
,
called
alwaies
by
the
surname
of
her
last
husbande
.
Yet
if
a
woman
once
marrie
a
Lorde
or
a
Knight
by
which
occasion
she
is
called
my
Ladie
with
the
surname
of
her
husbande
,
She
is
no
Ladie
by
the
law
although
so
called
of
courtisie
.
if
he
die
and
she
take
a
husbande
of
a
meaner
estate
by
whom
she
shall
not
be
called
Ladie
(
such
is
the
honour
we
doe
giue
to
women
)
she
shall
still
be
called
Ladie
with
the
surname
of
her
first
husbande
and
not
of
the
seconde
.
I
thinke
among
the
olde
Romans
those
marriages
which
were
made
per
coemptionem
in
manum
and
per
aes
and
libram
made
the
wife
in
manu
&
potestate
viri
,
wherof
also
we
had
in
our
olde
lawe
and
ceremonies
of
mariage
,
a
certaine
memorie
as
a
viewe
and
vestigium
.
For
the
woman
at
the
Church
dore
was
giuen
of
the
father
or
some
other
man
next
of
her
kinne
into
the
handes
of
the
husbande
,
and
he
layde
downe
golde
and
siluer
for
her
vpon
the
booke
,
as
though
he
did
buy
her
,
the
priest
belike
was
in
stéede
of
Lipripeus
:
our
mariages
be
estéemed
perfect
by
the
law
of
England
,
when
they
be
solemnished
in
the
Church
or
Chappell
,
in
the
presence
of
the
priest
and
other
witnesses
.
And
this
only
maketh
both
the
husbande
and
the
wife
capable
of
all
the
benefites
which
our
lawe
both
giue
vnto
them
and
their
lawefull
children
.
In
so
much
that
if
I
marie
the
widowe
of
one
lately
dead
,
which
at
the
time
of
her
husbandes
death
was
with
childe
,
if
the
childe
be
borne
after
mariage
solemnished
with
me
,
this
childe
shal
be
my
heire
,
and
is
accounted
my
lawefull
sonne
,
not
his
whose
childe
it
is
in
deede
,
so
precisely
wee
doe
take
the
letter
where
it
is
saide
,
pater
est
quem
nuptiae
demonstrant
.
Those
waies
and
meanes
which
Iustinian
doth
declare
to
make
bastardes
to
be
lawefull
children
,
muliers
or
rather
melieurs
(
for
such
a
terme
our
lawe
vseth
for
them
which
be
lawefull
children
)
be
of
no
effect
in
England
,
neither
the
Pope
nor
Emperour
,
nor
the
Prince
himselfe
neuer
could
there
legittimate
a
bastarde
to
enioy
any
benefitte
of
our
lawe
,
the
Parliament
hath
onely
that
power
.
Although
the
wife
be
(
as
I
haue
written
before
)
in
manu
&
potestate
mariti
,
by
our
lawe
yet
they
be
not
kept
so
streit
as
in
mew
and
with
,
a
garde
as
they
be
in
Italy
and
Spaine
,
but
haue
almost
as
much
libertie
as
in
Fraunce
,
and
they
haue
for
the
most
part
all
the
charge
of
the
house
and
houshoulde
(
as
it
may
appeare
by
Aristotle
and
Plato
the
wiues
of
the
Gréekes
had
in
their
time
)
which
is
in
déede
the
naturall
occupation
,
exercise
,
office
and
part
of
a
wife
.
The
husband
to
meddle
with
the
defence
either
by
lawe
or
force
,
and
with
all
forren
matters
which
is
the
naturall
part
and
office
of
the
man
,
as
I
haue
written
before
.
And
although
our
lawe
may
séeme
somewhat
rigorous
towards
the
wiues
,
yet
for
the
most
part
they
can
handle
their
husbandes
so
well
and
so
doulcely
and
specially
when
their
husbands
be
sicke
:
that
where
the
lawe
giueth
them
nothing
,
their
husbandes
at
their
death
of
their
good
will
giue
them
all
.
And
fewe
there
be
that
be
not
made
at
the
death
of
their
husbandes
either
sole
or
chiefe
executrixes
of
his
last
wil
and
testament
,
and
haue
for
the
most
part
the
gouernement
of
the
children
and
their
portions
:
except
it
be
in
London
,
where
a
peculiar
order
is
taken
by
the
citie
much
after
the
fashion
of
the
ciuill
lawe
.
All
this
while
I
haue
spoken
onely
of
moueable
goods
:
It
is
auoidable
after
the
husbandes
death
,
except
it
be
for
xxi
.
yeares
or
three
liues
according
to
the
statute
,
or
except
they
leuie
a
fine
.
if
the
wife
be
an
enheretrix
&
bring
lande
with
her
to
the
mariage
,
that
lande
descendeth
to
her
eldest
sonne
,
or
is
diuided
among
her
daughters
.
Also
the
manner
is
,
that
the
lande
which
the
wife
bringeth
to
the
mariage
or
purchaseth
afterwardes
,
the
husbande
can
not
sell
nor
alienate
the
same
,
no
not
with
here
consent
,
nor
she
her selfe
during
the
mariage
,
except
that
she
be
sole
examined
by
a
Iudge
at
the
common
lawe
:
and
if
he
haue
no
childe
by
her
and
she
die
,
the
lande
goeth
to
her
next
heires
at
the
common
lawe
:
but
if
in
the
mariage
he
haue
a
childe
by
her
which
is
heard
once
to
crie
,
whether
the
childe
liue
or
die
,
the
husband
shall
haue
the
vsufruite
of
her
landes
,
that
is
the
profitte
of
them
during
his
life
,
and
that
is
called
the
courtisie
of
Englande
.
Likewise
if
the
husbande
haue
any
lande
either
by
inheritance
descended
or
purchased
and
bought
,
if
hee
die
before
the
wife
,
she
shall
haue
the
vsufruite
of
one
thirde
part
of
his
landes
.
She
shal
be
endowed
at
the
discretion
of
the
sherife
,
except
in
few
cases
.
That
is
,
she
shall
holde
the
one
thirde
part
of
his
landes
during
her
life
as
her
dowrie
,
whether
he
hath
child
by
her
or
no.
If
he
hath
any
children
,
the
rest
descendeth
streight
to
the
eldest
:
if
he
hath
none
,
to
the
next
heire
at
the
common
lawe
:
and
if
she
mislike
the
diuision
she
,
shal
aske
to
be
indowed
of
the
fairest
of
his
landes
to
the
thirde
part
.
This
which
I
haue
written
touching
mariage
and
the
right
in
moueables
and
vnmoueables
which
commeth
thereby
,
is
to
be
vnderstoode
by
the
common
law
when
no
priuate
contract
is
more
particularly
made
.
If
there
be
any
priuate
pacts
,
couenants
,
and
contracts
made
before
the
mariage
betwixt
the
husbande
and
the
wife
,
by
themselues
,
by
their
parents
,
or
their
friends
,
those
haue
force
and
be
kept
according
to
the
firmitie
and
strength
in
which
they
are
made
.
And
this
is
ynough
of
wiues
and
mariage
.
Of
Children
.
CHAP.
7.
OUr
children
be
not
in
potestate
parentum
,
as
the
children
of
the
Romans
were
:
but
as
soone
as
they
be
puberes
,
which
we
call
the
age
of
discretion
,
before
that
time
nature
doth
tell
they
be
but
as
it
were
partes
parentum
.
That
which
is
theirs
they
may
giue
or
sell
,
&
purchase
to
themselues
either
landes
and
other
moueables
the
father
hauing
nothing
to
doe
therewith
.
And
therefore
emancipatio
is
cleane
superfluous
,
we
knowe
not
what
it
is
.
Likewise
sui
heredes
complaints
,
de
in-officioso
testamento
or
praeteritorum
liberorum
non
emancipatorum
haue
no
effect
nor
vse
in
our
lawe
,
nor
wee
haue
no
manner
to
make
lawefull
children
but
by
mariage
,
and
therefore
we
knowe
not
what
is
adoptio
nor
arrogatio
.
The
testator
disposeth
in
his
last
will
his
moueable
goods
fréely
as
he
thinketh
méete
and
conuenient
without
controlement
of
wife
or
children
.
And
our
testamentes
for
goods
moueable
be
not
subiect
to
the
ceremonies
of
the
ciuill
lawe
,
but
made
with
all
libertie
and
fréedome
,
and
iure
militari
.
Of
landes
as
ye
haue
vnderstoode
before
,
there
is
difference
:
for
when
the
owner
dieth
,
his
lande
discendeth
onely
to
his
eldest
sonne
,
all
the
rest
both
sonnes
&
daughters
haue
nothing
by
the
common
lawe
,
but
must
serue
their
eldest
brother
if
they
will
,
or
make
what
other
shift
they
can
to
liue
:
except
that
the
father
in
life
time
doe
make
some
conueiance
and
estates
of
part
of
his
land
to
their
vse
,
or
els
by
deuise
,
which
word
amongest
our
lawiers
doth
betoken
a
testament
written
,
sealed
and
deliuered
in
the
life
time
of
the
testator
before
witnesse
:
for
without
those
ceremonies
a
bequest
of
landes
is
not
auailable
.
But
by
the
common
lawe
if
hee
that
dieth
hath
no
sonnes
but
daughters
,
the
lande
is
equally
diuided
among
them
,
which
portion
is
made
by
agréement
or
by
lotte
.
Although
as
I
haue
saide
ordinarily
and
by
the
common
lawe
,
the
eldest
sonne
inheriteth
all
the
lands
,
yet
in
some
countries
all
the
sonnes
haue
equall
portion
,
and
that
is
called
ganelkinde
,
and
is
in
many
places
in
Kent
.
In
some
places
the
youngest
is
sole
heire
:
and
in
some
places
after
an
other
fashion
.
But
these
being
but
particular
customes
of
certaine
places
and
out
of
the
rule
of
the
common
law
,
doe
little
appertain
to
the
disputation
of
the
policie
of
the
whole
Realme
,
and
may
be
infinite
.
The
common
wealth
is
iudged
by
that
which
is
most
ordinarily
and
commonly
doone
through
the
whole
Realme
.
Of
Bondage
and
Bondmen
.
CHAP.
8.
AFter
that
we
haue
spoken
of
all
the
sortes
of
frée
men
according
to
the
diuersitie
of
their
estates
and
persons
,
it
resteth
to
say
somewhat
of
bondmen
which
were
called
serui
,
which
kinde
of
people
&
the
disposition
of
them
and
about
them
doth
occupie
the
most
part
of
Iustinians
Digestes
,
and
Code
.
The
Romans
had
two
kindes
of
bondmen
,
the
one
which
were
called
serui
,
and
they
were
either
which
were
bought
for
money
,
taken
in
warre
,
left
by
succession
,
or
purchased
by
other
kinde
and
lawefull
acquisition
,
or
else
borne
of
their
bonde
women
and
called
vernae
:
all
those
kinde
of
bondmen
be
called
in
our
lawe
villens
in
grosse
,
as
ye
would
say
immediatly
bonde
to
the
person
and
his
heires
.
An
other
they
had
as
appeareth
in
Iustinians
time
,
which
they
called
adscripticij
glebae
or
agri
censiti
.
These
were
not
bond
to
the
person
,
but
to
the
mannor
or
place
,
and
did
followe
him
who
had
the
manors
,
&
in
our
lawe
are
called
villaines
regardants
,
for
because
they
be
as
members
,
or
belonging
to
the
manor
or
place
.
Neither
of
the
one
sort
nor
of
the
other
haue
we
any
number
in
England
.
And
of
the
first
I
neuer
knewe
any
in
the
realme
in
my
time
:
of
the
seconde
so
fewe
there
be
,
that
it
is
not
almost
worth
the
speaking
.
But
our
lawe
doth
acknowledge
them
in
both
those
sortes
.
Manumission
of
all
kinde
of
villaines
or
bondmen
in
Englande
is
vsed
and
done
after
diuerse
sortes
,
and
by
other
and
more
light
and
easie
meanes
than
is
prescribed
in
the
ciuil
lawe
,
and
being
once
manumitted
,
he
is
not
libertus
manumittentis
,
but
simply
liber
:
howbeit
sith
our
Realme
hath
receiued
the
Christian
religion
which
maketh
vs
all
in
Christ
brethren
,
and
in
respect
of
God
and
Christ
conseruos
,
men
began
to
haue
conscience
to
hold
in
captiuitie
and
such
extreme
bondage
him
whome
they
must
acknowledge
to
be
his
brother
,
and
as
we
vse
to
terme
him
Christian
,
that
is
who
looketh
in
Christ
and
by
Christ
to
haue
equall
portion
with
them
in
the
Gospel
and
saluation
.
Vpon
this
scruple
,
in
continuance
of
time
,
and
by
long
succession
,
the
holie
fathers
,
Munkes
and
Friers
in
their
confession
,
and
specially
in
their
extreme
&
deadly
sicknesses
,
burdened
the
consciences
of
them
whom
they
had
vnder
their
hands
:
so
that
temporall
men
by
little
and
litle
by
reason
of
that
terror
in
their
conscience
,
were
glad
to
manumit
all
their
villaines
:
but
the
said
holie
fathers
,
with
the
Abbots
and
Priors
,
did
not
in
like
sort
by
theirs
,
for
they
had
also
conscience
to
impouerish
and
dispoyle
the
Churches
so
much
as
to
manumit
such
as
were
bond
to
their
Churches
,
or
to
the
mannors
which
the
Church
had
gotten
,
and
so
kept
theirs
still
.
The
same
did
the
Bishoppes
also
till
at
the
last
and
now
of
late
some
Bishoppes
to
make
a
péece
of
money
manumitted
theirs
partly
for
argent
,
partly
for
slaunders
,
that
they
séemed
more
cruell
than
the
temporaltie
:
after
the
monasteries
comming
into
temporall
mens
handes
haue
béene
occasion
that
now
they
be
almost
all
manumitted
.
The
most
part
of
bondmen
when
they
were
,
yet
were
not
vsed
with
vs
so
cruelly
nor
in
that
sort
as
the
bondmen
at
the
Romane
ciuill
law
,
as
appeareth
by
their
Comedies
,
nor
as
in
Gréece
as
appeareth
by
theirs
:
but
they
were
suffered
to
enjoy
coppieholde
lande
to
gaine
and
get
as
other
serues
that
nowe
and
then
their
Lordes
might
fléese
them
and
take
a
péece
of
money
of
them
,
as
in
France
the
Lords
doe
taile
them
whom
they
call
their
subiectes
at
their
pleasure
,
and
cause
them
to
pay
such
summes
of
money
as
they
list
to
put
vpon
them
.
I
thinke
both
in
France
and
England
the
chaunge
of
religion
to
a
more
gentle
,
humane
and
more
equall
sort
(
as
the
christian
religion
as
in
respectes
of
the
Gentiles
)
caused
this
olde
kinde
of
seruile
seruitude
and
slauerie
to
be
brought
into
that
moderation
,
for
necessitie
first
to
villaines
regardants
,
and
after
to
seruitude
of
landes
and
tenures
,
and
by
litle
and
litle
finding
out
more
ciuill
and
gentle
meanes
and
more
equall
to
haue
that
doone
which
in
time
of
heathenesse
seruitude
or
bondage
did
,
they
almost
extinguished
the
whole
.
For
although
all
persons
christians
be
brethren
by
baptisme
in
Iesu
Christ
,
and
therefore
may
appeare
equally
frée
:
yet
some
were
and
still
might
be
christianed
being
bond
and
serue
,
and
whom
as
the
baptisme
did
find
so
it
did
leaue
them
,
for
it
chaungeth
not
ciuill
lawes
nor
compactes
amongest
men
which
be
not
contrarie
to
Gods
lawes
,
but
rather
maintaineth
them
by
obedience
.
Which
séeing
men
of
good
conscience
hauing
that
scruple
whereof
I
wrote
before
,
haue
by
litle
and
litle
found
meanes
to
haue
and
obtaine
the
profit
of
seruitude
and
bondage
which
gentilitie
did
vse
and
is
vsed
to
this
day
amongest
Christians
on
the
one
part
,
and
Turkes
and
Gentils
on
the
other
part
,
when
warre
is
betwixt
them
vpon
those
whom
they
take
in
battaile
.
Turkes
and
Gentiles
I
call
them
,
which
vsing
not
our
lawe
the
one
beléeueth
in
one
God
,
the
other
in
many
gods
,
of
whom
they
make
Images
.
For
the
lawe
of
Iewes
is
well
ynough
knowen
,
&
at
this
day
so
farre
as
I
can
learne
,
amongst
all
people
Iewes
be
holden
as
it
were
in
a
common
seruitude
,
and
haue
no
rule
nor
dominion
as
their
own
prophesies
doe
tell
that
they
should
not
haue
after
that
Christ
was
promised
to
them
,
was
of
them
refused
for
when
they
would
not
acknowledge
him
obstinatly
for
,
taking
their
helpe
in
soule
for
the
life
to
come
and
honour
in
this
worlde
for
the
time
present
not
taking
the
good
tidinges
,
newes
,
and
euangill
brought
to
them
for
their
disobedience
by
the
great
grace
of
God
,
and
by
the
promise
of
the
Prophets
●ructified
in
vs
which
be
Gentils
and
brought
forth
this
humanitie
,
gentlenes
,
honour
and
godly
knowledge
which
is
seene
at
this
present
.
But
to
returne
to
the
purpose
.
This
perswasion
I
say
of
Christians
not
to
make
nor
kéepe
his
brother
in
Christ
,
seruile
,
bond
and
vnderling
for
euer
vnto
him
,
as
a
beast
rather
than
as
a
man
,
and
the
humanitie
which
the
Christian
religion
doth
teache
,
hath
engendered
through
Realmes
not
néere
to
Turkes
and
Barbarians
,
a
doubt
,
a
conscience
and
scruple
to
haue
seruants
and
bondmen
:
yet
necessitie
on
both
sides
,
of
the
one
to
haue
helpe
,
on
the
other
to
haue
seruice
,
hath
kept
a
figure
or
fashion
thereof
.
So
that
some
would
not
haue
bondmen
,
but
ascripticij
glebae
,
and
villaines
regardant
to
the
ground
,
to
the
intent
their
seruice
might
be
furnished
,
and
that
the
countrie
being
euill
,
vnwholsome
,
and
other
wise
barren
,
should
not
be
desolate
.
Others
afterwardes
found
out
the
wayes
and
meanes
,
that
not
the
men
but
the
land
should
be
bound
and
bring
with
it
such
bondage
and
seruice
to
him
that
occupieth
it
,
as
to
carie
the
Lordes
dung
vnto
the
fieldes
,
to
plough
his
ground
at
certaine
daies
,
sowe
,
reape
,
come
to
his
Court
,
sweare
faith
vnto
him
,
and
in
the
ende
to
holde
the
lande
but
by
copie
of
the
Lords
court
rolle
,
and
at
the
will
of
the
Lord
.
This
tenure
is
called
also
in
our
lawe
,
villaine
,
bonde
,
or
seruile
tenure
:
yet
to
consider
more
déepely
all
lande
,
euen
that
which
is
called
most
frée
lande
,
hath
a
bondage
annexed
vnto
it
,
not
as
naturally
the
lower
ground
,
must
suffer
and
receiue
the
water
and
filth
which
falleth
from
the
higher
ground
,
nor
such
as
Iustinian
speaketh
of
de
seruitudinibus
praediorum
rusticorum
&
vrbanorum
,
but
the
lande
doeth
bring
a
certaine
kind
of
seruitude
to
the
prossessor
.
For
no
man
holdeth
land
simply
frée
in
Englande
,
but
he
or
she
that
holdeth
the
Crowne
of
Englande
:
all
others
holde
their
land
in
fée
,
that
is
vpon
a
faith
or
trust
,
and
some
seruice
to
be
done
to
an
other
Lorde
of
a
mannor
as
his
superior
,
and
he
againe
of
an
higher
Lorde
,
till
it
come
to
the
Prince
&
him
that
holdeth
the
Crowne
.
So
that
if
a
man
die
,
and
it
be
found
that
he
hath
land
which
he
holdeth
,
but
of
whom
no
man
can
tell
,
this
is
vnderstoode
to
be
holden
of
the
Crowne
,
and
in
capitie
,
which
is
much
like
to
knights
seruice
,
and
draweth
vnto
it
thrée
seruices
,
homage
,
ward
and
mariage
:
That
is
,
he
shall
sweare
to
be
his
man
,
and
to
be
true
vnto
him
of
whom
he
holdeth
the
lande
.
His
sonne
who
holdeth
the
land
after
the
death
of
his
father
,
shall
be
maried
where
it
pleaseth
the
Lorde
.
He
that
holdeth
the
lande
most
freely
of
a
temporall
man
(
for
franke
almose
and
franke
mariage
hath
an
other
cause
and
nature
)
holdeth
by
fealtie
onely
,
which
is
,
he
shal
sweare
to
be
true
to
the
Lorde
,
and
doe
such
seruice
as
appertaineth
for
the
land
which
he
holdeth
of
the
Lord
.
So
that
all
frée
lande
in
Englande
is
holden
in
fée
or
feodo
,
which
is
asmuch
to
say
as
in
fide
or
fiducia
:
That
is
,
in
trust
and
confidence
,
that
he
shall
be
true
to
the
Lorde
of
whom
he
holdeth
it
,
pay
such
rents
,
doe
such
seruice
,
and
obserue
such
conditions
as
was
annexed
to
the
first
donation
.
Thus
all
sauing
the
Prince
be
not
viri
domini
,
but
rather
fiduciary
domini
,
&
possessores
:
This
is
a
more
likely
interpretation
than
that
which
Litleton
doeth
put
in
his
booke
,
Litleton
did
not
interpret
the
word
feodu
simply
,
but
rather
define
or
describe
the
nature
therof
.
who
saith
that
feodum
idem
est
quod
haereditas
,
which
it
doeth
betoken
in
no
language
.
This
hapneth
many
times
to
them
who
be
of
great
witte
and
learning
,
yet
not
séene
in
many
tongues
,
or
marketh
not
the
deduction
of
wordes
which
time
doth
alter
.
Litleton
seene
in
the
tongues
as
Sir
Thomas
Smith
was
in
Litleton
.
Fides
in
Latine
the
Gothes
comming
into
Italie
and
corrupting
the
language
,
was
turned
first
into
fede
,
and
at
this
day
in
Italie
they
will
say
in
fide
,
en
fede
or
ala
fe
.
And
some
vncunning
Law●ers
that
would
make
a
newe
barbarous
latine
worde
to
betoken
lande
giuen
in
fidem
,
or
as
the
Italian
saith
in
fede
,
or
fe
,
made
it
in
feudum
or
feodum
.
The
nature
of
the
worde
appeareth
more
euident
in
those
which
we
call
to
fef
,
feof
or
feoffees
,
the
one
be
fiduciary
possessores
,
or
fidei
commissarij
,
the
other
is
,
dare
in
fiduciam
,
or
fidei
commissum
,
or
more
latinely
,
fidei
committere
.
The
same
Litleton
was
as
much
deceiued
in
withernam
,
&
diuerse
other
olde
wordes
.
This
withernam
he
interpreteth
vetitum
nauium
,
in
what
language
I
knowe
not
:
whereas
in
trueth
it
is
in
plaine
Dutche
and
in
our
olde
Saxon
language
,
wyther
nempt
,
alterum
accipere
,
iterum
rapere
,
a
worde
that
betokeneth
that
which
in
barbarous
Latine
is
called
represalia
,
when
one
taking
of
me
a
distresse
,
which
in
Latine
is
called
pignus
,
or
any
other
thing
,
and
carying
it
away
out
of
the
iurisdiction
wherein
I
dwell
,
I
take
by
order
of
him
that
hath
iurisdiction
,
an
other
of
him
againe
or
of
some
other
of
that
iurisdiction
,
and
doe
bring
it
into
the
iurisdiction
wherein
I
dwell
,
that
by
equal
wrong
I
may
come
to
haue
equall
right
.
The
manner
of
represalia
,
and
that
we
call
withernam
,
is
not
altogether
one
:
But
the
nature
of
them
both
is
as
I
haue
described
,
and
the
proper
signification
of
the
words
doe
not
much
differ
.
But
to
returne
thither
where
we
did
digresse
:
ye
see
that
where
the
persons
be
frée
,
and
the
bodies
at
full
libertie
and
maximè
ingenui
▪
yet
by
annexing
a
condition
to
the
lande
,
there
is
meanes
to
bring
the
owners
and
possessors
thereof
into
a
certaine
seruitude
or
rather
libertinitie
:
That
the
tenaunts
beside
paying
the
rent
accustomed
,
shal
owe
to
the
Lord
a
certaine
faith
,
duetie
,
trust
,
obedience
,
and
(
as
we
terme
it
)
certaine
seruice
as
libertus
,
or
cliens
patrono
:
which
because
it
doeth
not
consist
in
the
persons
,
for
the
respect
in
them
doeth
not
make
them
bond
,
but
in
the
lande
and
occupation
thereof
,
it
is
more
properly
expressed
in
calling
the
one
tenaunt
,
the
other
Lord
of
the
fée
,
than
either
libertus
or
cliens
can
doe
the
one
,
or
patronus
the
other
:
for
these
wordes
touche
rather
the
persons
,
and
the
office
and
duetie
betwéene
them
,
than
the
possessions
.
But
in
our
case
leauing
the
possession
and
lande
,
all
the
obligation
of
seruitude
and
seruice
is
gone
.
An other
kinde
of
seruitude
or
bondage
is
vsed
in
Englande
for
the
necessitie
thereof
,
which
is
called
apprenticehoode
.
But
this
is
onely
by
couenaunt
,
and
for
a
time
,
&
during
the
time
it
is
vera
seruitus
.
For
whatsoeuer
the
apprentice
getteth
of
his
owne
labour
,
or
of
his
masters
occupation
or
stocke
,
he
getteth
to
him
whose
apprentice
he
is
,
he
must
not
lie
foorth
of
his
masters
doores
,
he
must
not
occupie
any
stocke
of
his
owne
,
nor
mary
without
his
masters
licence
,
and
he
must
doe
all
seruile
offices
about
the
house
,
and
be
obedient
to
all
his
masters
commaundementes
,
and
shall
suffer
such
correction
as
his
master
shall
thinke
méete
,
and
is
at
his
masters
cloathing
and
nourishing
,
his
master
being
bounde
onely
to
this
which
I
haue
saide
,
and
to
teache
him
his
occupation
,
and
for
that
he
serueth
,
some
for
vij
.
or
viij
.
yeres
,
some
ix
.
or
x.
yeres
as
the
masters
and
the
friends
of
the
young
man
shall
thinke
méete
or
can
agrée
:
altogether
(
as
Polidore
hath
noted
)
quasi
pro
emptitio
seruo
:
neuerthelesse
that
neither
was
the
cause
of
the
name
apprentice
,
neither
yet
doeth
the
worde
betoken
that
which
Polydore
supposeth
,
but
it
is
a
Frenche
worde
,
and
betokeneth
a
learner
or
scholer
.
Apprendre
in
French
is
to
learne
,
and
apprentise
is
as
much
to
say
in
Frenche
(
of
which
tongue
we
borowed
this
worde
and
many
more
other
)
as
discipulus
in
Latine
:
likewise
he
to
whom
he
is
bound
,
is
not
called
his
Lorde
but
his
master
,
as
ye
would
say
his
teacher
.
And
the
pactions
agréed
vpon
,
be
put
in
writing
,
signed
and
sealed
by
the
parties
,
and
registred
for
more
assurance
:
without
being
such
an
apprentice
in
London
,
and
seruing
out
such
a
seruitude
in
the
same
Citie
for
the
number
of
yéeres
agréed
vpon
,
by
order
of
the
Citie
amongest
them
,
no
man
being
neuer
so
much
borne
in
London
,
and
of
parentes
londoners
is
admitted
to
be
a
Citizen
or
frée
man
of
London
:
the
like
is
vsed
in
other
great
Cities
of
Englande
.
Besides
apprentises
,
others
be
hired
for
wages
,
and
be
called
seruaunts
or
seruing
men
and
women
throughout
the
whole
Realme
,
which
be
not
in
such
bondage
as
apprentises
,
but
serue
for
the
time
for
daily
ministrie
,
as
serui
and
ancillae
did
in
the
time
of
gentilitie
,
and
be
for
other
matters
in
libertie
as
full
frée
men
and
women
.
But
all
seruaunts
,
labourers
and
others
not
maryed
,
must
serue
by
the
yere
:
and
if
he
be
in
couenaunt
,
he
may
not
depart
out
of
his
seruice
without
his
masters
licence
,
and
he
must
give
his
master
warning
that
he
will
depart
one
quarter
of
a
yere
before
the
terme
of
the
yere
expireth
,
or
else
he
shal
be
compelled
to
serue
out
an
other
yere
.
And
if
any
young
man
vnmaried
be
without
seruice
,
he
shal
be
compelled
to
get
him
a
master
whom
he
must
serue
for
that
yere
,
or
else
he
shal
be
punished
with
stockes
and
whipping
as
an
idlè
vagabond
.
And
if
any
man
maried
or
vnmaried
,
not
hauing
rent
or
liuing
sufficient
to
maintaine
himselfe
,
doe
liue
so
idely
,
he
is
enquired
of
,
and
sometime
sent
to
the
gaole
,
sometime
otherwise
punished
as
a
sturdie
vagabond
:
so
much
our
policie
doth
abborre
idlenesse
.
This
is
one
of
the
chiefe
charges
of
the
Iustices
of
peace
in
euerie
Shire
.
It
is
taken
for
vngentlenesse
and
dishonour
,
and
a
shewe
of
enmitie
,
if
any
gentleman
doe
take
an
other
gentlemans
seruaunt
(
although
his
master
hath
put
him
away
)
without
some
certificate
from
his
master
eyther
by
word
or
writing
,
that
he
hath
discharged
him
of
his
seruice
.
That
which
is
spoken
of
men
seruaunts
,
the
same
is
also
spoken
of
women
seruaunts
.
So
that
all
youth
that
hath
not
sufficient
reuenues
to
maintaine
it selfe
,
must
néeds
with
vs
serue
,
and
that
after
an
order
as
I
haue
written
.
Thus
necessitie
&
want
of
bondmen
hath
made
men
to
vse
fréemen
as
bondmen
to
all
seruile
seruices
:
but
yet
more
liberally
and
fréely
,
and
with
a
more
equalitie
and
moderation
,
than
in
time
of
gentilitie
slaues
and
bondemen
were
woont
to
be
vsed
,
as
I
haue
saide
before
.
This
first
and
latter
fashion
of
temporall
seruitude
,
and
vpon
paction
is
vsed
in
such
countryes
,
as
haue
left
off
the
old
accustomed
maner
of
seruaunts
,
slaues
,
bondemen
and
bondwomen
,
which
was
in
vse
before
they
had
receiued
the
Christian
faith
.
Some
after
one
●ort
,
and
some
either
more
or
lesse
rigorouslie
,
according
as
the
nature
of
the
people
is
enclined
,
or
hath
deuised
amongest
themselues
for
the
necessitie
of
seruice
.
Of
the
Court
which
is
Spirituall
or
Ecclesiasticall
,
and
in
the
booke
of
Law
,
Court
Christian
,
or
Curia
Christianitatis
.
CHAP.
9.
THe
Archebishops
and
Bishops
haue
a
certaine
peculiar
iurisdiction
vnto
them
especially
in
foure
maner
of
causes
:
Testamentes
and
legations
,
Tythes
and
mortuaries
,
mariage
and
adulterie
or
fornication
,
and
also
of
such
things
as
appertaine
to
orders
amongest
themselues
and
matters
concerning
religion
.
For
as
it
doeth
appeare
,
our
auncestors
hauing
the
common
wealth
before
ordeined
&
set
in
frame
,
when
they
did
agree
to
receiue
the
true
and
Christian
religion
,
that
which
was
established
before
,
and
concerned
externe
policie
(
which
their
Apostles
,
Doctors
and
Preachers
did
allowe
)
they
helde
and
kept
still
with
that
which
they
brought
in
of
newe
.
And
those
things
in
kéeping
whereof
they
made
conscience
,
they
committed
to
them
to
be
ordered
and
gouerned
as
such
things
,
as
of
which
they
had
no
skill
,
as
to
men
in
whom
for
the
holinesse
of
their
life
and
good
conscience
,
they
had
a
great
and
sure
confidence
.
So
those
matters
be
ordered
in
their
Courts
,
and
after
the
fashion
and
maner
of
the
lawe
ciuil
or
rather
common
by
citation
,
libel
,
contestationem
litis
,
examination
of
witnesses
priuilie
,
by
exceptions
,
replications
apart
and
in
writing
,
allegations
,
matters
by
sentences
giuen
in
writing
,
by
appellations
from
one
to
an
other
as
well
a
grauamine
as
a
sententia
definitiua
,
and
so
they
haue
other
names
,
as
Proctor
,
Aduocates
,
Assessors
,
Ordinaries
,
and
Commissaries
,
&c.
farre
from
the
manner
of
our
order
in
the
common
lawe
of
Englande
,
and
from
that
fashion
which
I
haue
shewed
you
before
.
Wherefore
if
I
say
the
testament
is
false
and
forged
,
I
must
sue
in
the
spirituall
lawe
,
so
also
if
I
demaunde
a
legacie
:
but
if
I
sue
the
executor
or
administrator
(
which
is
he
in
our
lawe
,
who
is
in
the
ciuill
lawe
baeres
or
bonorum
mobilium
possessor
ab
intestato
)
for
a
debt
which
the
dead
ought
me
,
I
must
sue
in
the
temporall
court
.
These
two
courtes
the
temporall
and
the
spirituall
be
so
diuided
,
that
who
so
euer
sueth
for
any
thing
to
Rome
or
in
any
spirituall
court
for
that
cause
or
action
which
may
be
pleaded
in
the
temporall
court
of
the
Realme
,
Which
ought
to
be
tride
in
the
temporall
court
.
by
an
olde
lawe
of
Englande
hee
falleth
into
a
praemunire
,
that
is
hee
forsetteth
all
his
goods
to
the
Prince
,
and
his
body
to
remaine
in
prison
during
the
Princes
pleasure
:
and
not
that
onely
,
but
the
Iudge
,
the
scribe
,
the
procurer
and
assessor
which
receiueth
and
doth
maintaine
that
vsurped
pleading
doth
incur
the
same
daunger
.
Whether
the
word
praemunire
doeth
betoken
that
the
authoritie
&
iurisdiction
of
the
realme
is
prouided
for
before
and
defended
by
that
lawe
,
and
therefore
it
hath
that
name
praemunire
or
praemuniri
,
or
because
that
by
that
lawe
such
an
attemture
hath
had
warning
giuen
before
to
him
of
the
daunger
into
which
he
falleth
by
such
attempt
,
and
then
praemunire
is
barbarously
written
for
praemonere
,
praemoneri
,
(
as
some
men
haue
helde
opinion
)
I
will
not
define
,
the
effect
is
as
I
haue
declared
:
and
the
lawe
was
first
made
in
king
Richarde
the
secondes
time
,
and
is
the
remedie
which
is
vsed
when
the
spirituall
iurisdiction
will
goe
about
to
encroch
any
thing
vpon
the
temporall
courts
.
Because
this
court
or
forme
which
is
called
curia
christianitatis
,
is
yet
taken
as
appeareth
for
an
externe
and
forren
court
,
and
differreth
from
the
policie
and
manner
of
gouernment
of
the
Realme
,
and
is
an
other
court
(
as
appeareth
by
the
act
and
writ
of
praemunire
)
than
curia
regis
aut
reginae
:
Yet
at
this
present
this
court
as
well
as
others
hath
her
force
,
power
,
authoritie
,
rule
and
iurisdiction
,
from
the
royall
maiestie
and
the
crowne
of
England
&
from
no
other
forren
potentate
or
power
vnder
God
(
which
being
granted
,
as
indéede
it
is
true
)
it
may
nowe
appeare
by
some
reason
that
the
first
statute
of
praemuni●e
whereof
I
haue
spoken
,
hath
nowe
no
place
in
Englande
,
séeing
there
is
no
pleading
alibi
quam
in
curia
regis
ac
reginae
.
I
haue
declared
summarily
as
it
were
in
a
chart
or
mappe
,
or
as
Aristotle
termeth
it
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
the
forme
and
manner
of
the
gouernement
of
Englande
,
and
the
policie
thereof
,
and
sette
before
your
eies
the
principall
pointes
wherein
it
doth
differ
from
the
policie
or
gouernment
at
this
time
vsed
in
Fraunce
,
Italie
,
Spaine
,
Germanie
and
all
other
countries
,
which
doe
followe
the
ciuill
lawe
of
the
Romanes
compiled
by
Iustinian
into
his
pandects
and
code
:
not
in
that
sort
as
Plato
made
his
common
wealth
,
or
Zenophon
his
kingdom
of
Persia
,
nor
as
Syr
Thomas
More
his
Vtopia
being
feigned
common
wealths
such
as
neuer
was
nor
neuer
shall
be
,
vaine
imaginations
,
phantasies
of
Philosophers
to
occupie
the
time
and
to
exercise
their
wittes
:
but
so
as
Englande
standeth
and
is
gouerned
at
this
day
the
xxviij
of
March
Anno
1565.
in
the
vij
yeare
of
the
raigne
and
administration
thereof
by
the
most
vertuous
and
noble
Quéene
Elizabeth
,
daughter
to
King
Henrie
the
eight
,
and
in
the
one
&
fiftéeth
yéere
of
mine
age
,
when
I
was
ambassador
for
her
maiestie
in
the
court
of
Fraunce
,
the
scepter
whereof
at
that
time
the
noble
Prince
and
of
great
hope
Charles
Maximilian
did
holde
,
hauing
then
raigned
iiij
yeares
.
So
that
whether
I
writ
true
or
not
,
it
is
easie
to
be
séene
with
eies
(
as
a
man
would
say
)
and
felt
with
handes
.
Wherfore
this
being
as
a
proiect
or
table
of
a
common
wealth
truely
laide
before
you
,
not
fained
by
putting
a
case
:
let
vs
compare
it
with
common
wealthes
,
which
be
at
this
day
in
esse
,
or
doe
remaine
discribed
in
true
histories
,
especially
in
such
pointes
wherein
the
one
differeth
from
the
other
,
to
sée
who
hath
taken
the
righter
,
truer
,
and
more
commodious
way
to
gouerne
the
people
aswell
in
warre
as
in
peace
.
This
will
be
no
illiberall
occupation
for
him
that
is
a
Philosopher
and
hath
a
delight
in
disputing
,
nor
vnprofitable
for
him
who
hath
to
do
&
hath
good
will
to
serue
the
Prince
and
the
common
wealth
in
giuing
counsell
for
the
better
administration
thereof
.
Thomas
Smyth
.
FINIS
.