DE REPUBLICA ANGLORUM. The manner of Government or policy of the Realm of England, compiled by the Honourable man Thomas Smyth, Doctor of the civil laws, Knight and principal Secretary unto the two most worthy Princes, King Edward the sixth, and Queen Elizabeth. Seen and allowed.  
AT LONDON, Printed by Henry Midleton for Gregory Seton.  
Anno Domini 1583.   

To the Reader.  
TO conceal the graces inspired by God, or the gifts engraffed by nature, or the virtues achieved unto ourselves by industry, in all ages and of all wise men was accounted unduetifulnesse, unkindness & impiety unto that common wealth, in the which, and unto the which we are both bred and borne: but to suppress the worthy works of any author, may justly be judged not only injury to the person, but even envy at the whole world. Wherefore chancing upon this short discourse compiled by the honourable knight sir Thomas Smyth, and considering that the same could not but be a great light unto the ignorant, & no less delight unto the learned in the laws and policy of sundry regiments: I thought it part of my duty, aswell for reviving of the fame of so notable a man, as for the public imparting of so pithy a treatise, to present the same unto thy indifferent and discreet judgement. Wherein although the errors & rashness of Scribes, appearing in the contrariety & corruption of copies, happening both by the length of time sithence the first making, as also by the often transcripting might justly have been mine excuse or rather discourage: yet weighing the authority of the author together with the gravity of the matter, I made no doubt but that the reverence due unto the one, & the recompense deserved by the other would easily countervail all faults committed by a clerk & writer. And whereas some terms or other matters may seem to dissent from the usual phrase of the common laws of this realm: not withstanding to him that will consider that the profession of the maker was principally in the civil laws, and therefore not to be expected as one excellent in both, & also that the finishing of this work was in France far from his library, and in an ambassade even in the midst of weighty affairs, it cannot nor ought not without great ingratitude be displeasant or in any sort disliking. Wherefore (gentle Reader) accept in good part my zeal and this honourable man's travail: assuring thyself that the same framed by an expert workmaster, and forged of pure and excellent metal, will not fail in proving to be a right commodious instrument.  
Vale.   

DE REPUBLICA ANGLORUM. The manner of government or policy of the REALM of ENGLAND.  

Of the diversities of common wealths or government. CHAP. I.  
THey that have written heretofore of Common wealths, have brought them into three most simple and special kinds or fashions of government. The first where one alone doth govern, is called of the Greeks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
Monarchia.  the second, where the smaller number, commonly called of them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
Aristocratiae.  and the third where the multitude doth rule 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 
Democratia.  To rule▪ is understood to have the highest and supreme authority of commandment. That part or member of the common wealth is said to rule which doth control, correct, and direct all other members of the common wealth. That part which doth rule, define and command according to the form of the government, is taken in every common wealth to be just and law: As a rule is always to be understood to be strait, and to which all works be to be conformed, and by it to be judged: I do not mean the Lesbians rule which is conformed to the stone: but the right rule whereby the Artificer and the Architect do judge the straightness of every man's work, he to be reckoned to make his work perfectest, who goeth nearest to the straightness.   

What is just or Law in every common wealth or government. CHAP. 2.  
NOw it doth appear, that it is profitable to every common wealth (as it is to every thing generally and particularly) to be kept in her most perfect estate. Then if that part which doth bear the rule, do command that which is profitable to it, and the commandment of that part which doth rule on that sort, is to be accepted in every common wealth respectively to be just (as we have said before): it must needs follow, that the definition which Thrasimachus did make, that to be just which is the profit of the ruling and most strong part (if it be meant of the City or common wealth) is not so far out of the way, 
just.  (if it be civilly understood) as Plato would make it. But as there is profitable and likelihood of profit, so there is right and likelihood of right. And aswell may the ruling and Sovereign part command that which is not his profit, as the just man may offend (notwithstanding his just and true meaning) when he would amend that which is amiss, and help the common wealth, and do good unto it. For in as much as he attempteth to do contrary to the Law which is already put, he therefore by the law is justly to be condemned, because his doing is contrary to the law and the ordinance of that part which doth command.   

another division of common wealths. CHAP. 3.  
BUt this matter yet taketh an other doubt: for of these manner of rulinges by one, by the fewer part, & by the multitude or greater number, they which have more methodically & more distinctly and perfectly written upon them, do make a subdivision: and dividing each into two, make the one good and just, and the other evil and unjust: as, where one ruleth, the one they call a king or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the other 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a tyrant: where the fewer number, the one they name a governing of the best men 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Remp. optimatum, the other of the usurping of a few Gentlemen, or a few of the richer & stronger sort 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or Paucorum potestatem: and where the multitude doth govern, the one they call a common wealth by the general name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or the rule of the people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the other the rule or the usurping of the popular or rascal and viler sort, because they be more in number 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.   

Example of changes in the manner of government. CHAP. 4.  
IN common wealths which have had long continuance, the diversities of times have made all these manners of ruling or government to be seen: As in Rome: kings Romulus, Numa, Servius: tyrants, Tarqvinius, Sylla, Caesar: the rule of best men, as in time when the first Consuls were: and the usurping of a few, as of the Senators after the death of Tarqvinius, and before the succession of the Tribunate, and manifestly in the Decemvirate, but more perniciously in the triumvirate of Caesar, Crassus, and Pompeius: and afterward in the triumvirate of Octavius, 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 have it) Hortentius, quod plebs sciverit, id populum teneat. And the ruling and usurping of the popular and rascal, as a little before Sylla his reign, and a little before Caius Caesar's reign. For the usurping of the rascality can never long endure, but necessarily breedeth, & quickly bringeth forth a tyrant. Of this, hath Athens, Syracuse, Lacedaemon and other old ancient ruling Cities had experience, and a man need not doubt but that other common wealths have followed the same rate. For the nature of man is never to stand still in one manner of estate, but to grow from the less to the more, and decay from the more again to the less, till it come to the fatal end and destruction, with many turns and turmoils of sickness & recovering, seldom standing in a perfect health, neither of a man's body itself, nor of the politic body which is compact of the same.   

Of the question what is right and just in every common wealth. CHAP. 5.  
SO when the common wealth is evil governed by an evil ruler and unjust (as in the three last named which be rather a sickness of the politic body than perfect & good estates) if the laws be made, as most like they be always to maintain that estate: the question remaineth whether the obedience of them be just, and the disobedience wrong: the profit and conservation of that estate right and justice, or the dissolution: and whether a good and upright man, and lover of his country ought to maintain and obey them, or to seek by all means to abolish them, which great & haughty courages have often attempted: as Dion to rise up against Dionysius, Thrasibulus against the thirty. tyrants, Brutus and Cassius against Caesar, which hath been cause of many commotions in common wealths, whereof the judgement of the common people is according to the event and success: of them which be learned, according to the purpose of the doers, and the estate of the time then present. Certain it is that it is always a doubtful and hasardous matter to meddle with the changing of the laws and government, or to disobey the orders of the rule or government, which a man doth find already established.   

That common wealths or governments are not most commonly simple but mixed. CHAP. 6  
NOw although the governments of common wealths be thus divided into three, and cutting each into two, so into six, yet you must not take that ye shall find any common wealth or government simple, pure and absolute in his sort and kind, but as wise men have divided for understandings sake and fantasied iiii. simple bodies which they call elements, as fire, air, water, earth, and in a man's body four complexions or temperatures, as choleric, sanguine, phlegmatic, and melancolique: not that ye shall find the one utterly perfect without mixtion of the other, for that nature almost will not suffer, but understanding doth discern each nature as in his sincerity: so seldom or never shall you find common wealths or government which is absolutely and sincerely made of any of them above named, but always mixed with an other, and hath the name of that which is more and overruleth the other always 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 cometh with the good will of the people to that government, and doth administer the common wealth by the laws of the same and by equity, and doth seek the profit of the people as much as his own. 
Tyrannus.  A tyrant they name him, who by force cometh to the Monarchy against the will of the people, breaketh laws already made at his pleasure, maketh other without the advise and consent of the people, and regardeth not the wealth of his communes but the advancement of himself, his faction, & kindred. These definitions du contain three differences: the obtaining of the authority, the manner of administration thereof, & the butt or mark whereunto it doth tend and shoot. So as one may be a tyrant by his entry and getting of the government, & a king in the administration thereof. As a man may think of Octavius, and peradventure of Sylla. For they both coming by tyranny and violence to that state, did seem to travail very much for the better order of the common wealth, howbeit either of them after a diverse manner. An other may be a king by entry, & a tyrant by administration, as Nero, Domitian, and Commodus: for the empire came to them by succession, but their administration was utterly tyrannical, of Nero after five years, of Domitian and Commodus very shortly upon their new honour. Some both in the coming to their Empire, and in the butt which they shoot at, be kings, but the manner of their ruling is tyrannical: as many Emperors after Caesar and Octavius, and many Popes of Rome. The Emperors claim this tyrannical power by pretence of that Rogation or plebiscitum, which Caius Caesar or Octavius obtained, by which all the people of Rome did confer their power & authority unto 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 general Counsels make a strife with him, to make the Pope's power either Aristocratian or at the least legitimum regnum, & would feign bridle that absolutam potestatem. Some men do judge the same of the kings of France, and certain Princes of Italy and other places, because they make & abrogate laws and edicts, lay on tributes and impositions of their own will, or by the private Counsel and advise of their friends and favourites only, without the consent of the people. 
Populus.  The people I call that which the word populus doth signify, the whole body and the three estates of the common wealth: and they blame jews the xi. for bringing the administration royal of France, from the lawful and regulate reign, to the absolute and tyrannical power and government. He himself was wont to glory and say, he had brought the crown of France horse de page, as one would say out of Wardship.   

Of the absolute king. CHAP. 8.  
OTher do call that kind of administration which the Greeks do call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, not tyranny, but the absolute power of a king, which they would pretend that every king hath, if he would use the same. The other they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the Royal power regulate by laws: of this I will not dispute at this time. But as such absolute administration in time of war when all is in arms, and when laws hold their peace because they cannot be heard, is most necessary: so in time of peace, the same is very dangerous, aswell to him that doth use it, and much more to the people upon whom it is used: whereof the cause is the frailty of man's nature, which (as Plato saith) cannot abide or bear long that absolute and uncontrowled authority, without swelling into too much pride and insolency. And therefore the Romances did wisely, who would not suffer any man to keep the Dictatorship above fire months, 
Dictatorship.  because the Dictator's (for that time) had this absolute power, which some Greeks named a lawful tyranny for a time. As I remember, Aristotle, (who of all writers hath most absolutely & methodically treated of the division and natures of common wealths) maketh this sort of government to be one kind of kings. But all cometh to one effect: for at the first, all kings ruled absolutely, as they who were either the heads & most ancient of their families, derived out of their own bodies, as Adam, Noa, Abraham, jacob, Esau, reigning absolutely over their own children and bondmen as reason was▪ or else in the rude world amongst barbarous & ignorant people, some one then whom God had endued with singular wisdom to invent things necessary for the nourishing and defence of the multitude, and to administer justice did so far excel other, that all the rest were but beasts in comparison of him, and for that excellencio willingly had this authority given him of the multitude, and of the Gentiles when he was dead & almost when he was yet living, was taken for a God, of others for a Prophet. Such among the jews were Moses, josua, & the other judges, as Samuel, etc. Romulus & Numa amongst the Romances, Lycurgus and Solon & diverse other among the Greeks, Zamolxis among the Thracians, Mahomet among the Arabians: And this kind of rule among the Greeks is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
Tyrannis.  which of itself 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, warred insolent & proud, unjust, and not regarding the common wealth, committed such acts as were horrible and odious, as killing men without cause, abusing their wives & daughters, taking and spoiling all men's goods at their pleasures, and were not shepherds as they ought to be, but rather robbers and devourers of the people, whereof some were contemners of God, as Dionysius, other while they lived like devils, and would yet be adored & accounted for Gods, as Caius Caligula and Domitian: that kind of administration and manner also, at the first not evil, hath taken the signification & definition of the vice of the abusers, so that now both in Greek, Latin, and English a tyrant is counted he, who is an evil king, & who hath no regard to the wealth of his people, but seeketh only to magnify himself and his, and to satisfy his vicious and cruel appetite, without respect of God, of right or of the law: because that for the most part they who have had that absolute power have been such.   

Of the name king & th'administration of England. CHAP. 9  
THat which we call in one syllable king, in english the old english men and the Saxons from whom our tongue is derived to this day calleth in two syllabes cyning, which whether it cometh of cen or ken which betokeneth to know & understand, or can, which betokeneth to be able or to have power, I can not tell. The participle absolute of th'one we use yet, as when we say a cunning man, Vir prudens aut sciens: the verb of tother as I can do this, possum hoc facere. By old and ancient histories that I have red, I do not understand that our nation hath used any other general authority in this realm neither Aristocratical, nor democratical, but only the royal and kingly majesty which at the first was divided into many and sundry kings, each absolutely reigning in his country, not under the subjection of other, till by fight th'one with tother, the overcomed always falling to the augmentation of the vanquisher and overcomer, at the last the realm of England grew into one Monarchy. Neither any one of those kings, neither he who first had all, took any investiture at the hand of Themperor of Rome or of any other superior or foreign prince, but held of God to himself, and by his sword his people and crown, acknowledging no prince in earth his superior, and so it is kept & holden at this day. Although king john (by the rebellion of the nobility aided with the dauphin of France his power) to appease the Pope who at that time possessing the consciences of his subjects was then also his enemy and his most grievous torment (as some histories do write) did resign the crown to his legate Pandulphus, and took it again from him as from the Pope by faith and homage, and a certain tribute yearly. But that act being neither approved by his people, nor established by act of parliament, was forthwith and ever sithence taken for nothing, either to bind the king, his successors or subjects.   

What is a common wealth, and the parts thereof. CHAP. 10.  
TO be better understood hereafter, it is necessary yet to make a third division of the common wealth by the parts thereof. 
Respublica.  A common wealth is called a society or common doing of a multitude of free men collected together and united by common accord & covenants among themselves, for the conservation of themselves aswell in peace as in war. For properly an host of men is not called a common wealth but abusively, because they are collected but for a time and for a fact: which done, each divideth himself from others as they were before. And if one man had as some of the old Romans had (if it be true that is written) v. thousand or x. thousand bondmen whom he ruled well, though they dwelled all in one city, or were distributed into diverse villages, yet that were no common wealth: for the bondman hath no communion with his master, the wealth of the Lord, is only sought for, and not the profit of the slave or bondman. For as they who writ of these things have defined, a bondman or a slave is as it were (saving life and human 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 save, correct and amend all these: but it is for his own profit, and in consideration of himself, not for the instruments sake. And as these be instruments of the carpenter, so the plough, the cart, the horse, ox or ass, be instruments 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 private wealth of the husbandman is only regarded, and there is no mutual society or portion, no law or pleading between th'one and tother. And (as be saith) what reason hath the pot to say to the potter, why madest thou me thus? or why dost thou break me after thou hast made me? even so is the bondman or slave which is bought for money: for he is but a reasonable and living instrument the possession of his Lord and master, reckoned among his goods, not otherwise admitted to the society civil or common wealth, but is part of the possession and goods of his Lord. Wherefore except there be other orders and administrations amongst the Turks, if the prince of the Turks (as it is written of him) do repute all other his bondmen and slaves (him self and his sons only freemen) a man may doubt whether his administration be to be accounted a common wealth or a kingdom, or rather to be reputed only as one that hath under him an infinite number of slaves or bondmen among whom there is no right, law nor common wealth compact, but only the will of the Lord and signor. Surely none of the old Greeks would call this fashion of government Remp. or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the reasons which I have declared before.   

The first sort or beginning of an house or family called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. CHAP. 11.  
Then if this be a society, and consisteth only of free men, the least part thereof must be of two. The naturalest and first conjunction of two toward the making of a further society of continuance is of the husband & of the wife after a diverse sort each having care of the family: the man to get, to travail abroad, to defend: the wife, to save that which is gotten, to tarry at home to distribute that which cometh of the husbands labour for the nurtriture of the children and family of them both, and to keep all at home neat and clean. So nature hath forged each part to his office, the man stern, strong, bold, adventurous, negligent of his beauty, & spending. The woman weak, fearful, fair, curious of her beauty, and saving. Either of them excelling other in wit and wisdom to conduct those things which appertain to their office, and therefore where their wisdom doth excel, therein it is reason that each should govern. And without this society of man, and woman, the kind of man could not long endure. And to this society men are so naturally borne that the prince of all Philosophers in consideration of natures was not afraid to say that a man by nature is rather desirous to fellow himself to another and so to live in couple, than to adherd himself with many. Although of all things or living creatures a man doth show himself most politic, yet can he not well live without the society & fellowship civil. He that can live alone saith Aristotle is either a wild beast in a man's likeness, or else a god rather than a man. So in the house and family is the first and most natural (but private) appearance of one of the best kinds of a common wealth, that is called Aristocratia where a few & the best do govern, and where not one always: but sometime and in some thing one, & sometime and in some thing another doth bear the rule. Which to maintain for his part God hath given to the man great wit, bigger strength, and more courage to compel the woman to obey by reason or force, and to the woman beauty, fair countenance, and sweet words to make the man to obey her again for love. Thus each obeyeth and commandeth other, and they two together rule the house. 
Domus seu familia.  The house I call here the man, the woman, their children, their servants bond and free, their cattle, their household stuff, and all other things, which are reckoned in their possession, so long as all these remain together in one, yet this cannot be called Aristocratia, but Metaphorice, for it is but an house, and a little spark resembling as it were that government.   

The first and natural beginning of a kingdom in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. CHAP. 12.  
But for so much as it is the nature of all things to increase or decrease, this house thus increasing & 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 provining or propagation. 
Provining 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 root of itself & may live though it be cut then from the first root or stock. Pagus. Oppidum. Civitas.  And the child by marriage beginneth as it were to root towards the making of a new stock, and thereupon an other house or family. So by this propagation or provining first of one, and then another, and so from one to another in space of time, of many houses was made a street or village, of many streets and villages joined together a city or borough. And when many cities, boroughs and villages were by common and mutual consent for their conservation ruled by that one and first father of them all, it was called a nation or kingdom. And this seemeth the first and most natural beginning and source of cities, towns, nations, kingdoms, and of all civil societies. For so long as the great grandfather was alive and able to rule, it was unnatural for any of his sons or offprinst to strive with him for the superiority, or to go about to govern or any wise to dishonour him, from whom he had received life and being. And therefore such a one doth bear the first and natural example of an absolute and perfect king. For he loved them as his own children and nephews, cared for them as members of his own body, provided for them as one having by long time more experience than any one or all of them. They again honoured him as their father of whose body they came, obeyed him for his great wisdom and forecast, went to him in doubtful cases as to an oracle of God, feared his curse and malediction as proceeding from Gods own mouth. He again used nurture: for each pain put upon them, he esteemed as laid upon himself.   

The first and natural beginning of the rule of a few of the best men called in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 CHAP. 13.  
But when that great grandfather was dead, the sons of him and brethren among themselves not having that reverence to any, nor confidence of wisdom in any one of them, nor that trust th'one to tother, between whom (as many times it fareth with brethren) some strifes and brawlings had before arisen: To defend themselves yet from them which were welsh and stranger's, necessarily agreed among themselves to consult in common, and to bear rule for a time in order, now one, now another: so that no one might bear always the rule, nor any one be neglected. And by this means if any one failed during his year or time by ignorance, the next (being either wiser of himself, or else by his brother's error & fault) amended it. And in the mean while, at diverse and most times when urgent necessity did occur, they consulted all those heads of families together within themselves, how to demean and order their matters, best for the conservation of themselves, and each of their families, generally and particularly. Thus a few being heads and the chief of their families, equal in birth and nobility, and not much different in riches, governed their own houses and the descendentes of them particularly, and consulted in common upon public causes, agreeing also upon certain laws and orders to be kept amongst them. So the best, chiefest and sagest did rule, and tother part had no cause to strive with them, nor had no cause nor appearance to compare with any of them, neither for age nor discretion, nor for riches or nobility. The rulers sought each to keep and maintain their posterity, as their sons and nephews, and such as should succeed them and carry their names when they were dead, and so render them being mortal by nature immortal by their fame and succession of posterity: having most earnest care to maintain still this their cozenage and common family aswell against foreign and barbarous nations, which were not of their progeny, tongue, or religion, as against wild and savage beasts. This seemeth the natural source and beginning or image of that rule of the fewer number, which is called of the Greeks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and of the Latins optimatum respublica.   

The first original or beginning of the rule of the multitude called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. CHAP. 14.  
NOw as time bringeth an end of all things, these brethren being all dead, and their offspring increasing daily to a great multitude, and the reverence due to the old fathers in such and so great number of equals failing by the reason of the death or doting of the Elders: each owing their merits of education apart to their fathers and grandfathers, and so many arising and such equality among them, it was not possible that they should be content to be governed by a few. For two things being such as for the which men in society and league do most strive, that is honour and profit, no man of free courage can be contented to be neglected therein, so that they were feign of necessity to come to that, that the more part should bear the price away in election of magistrates and rulers. So that either by course or by lot each man in turn might be received to bear rule and have his part of the honour, and (if any were) of the profit, which came by administration of the common wealth. For whosoever came of that old great grandfathers race, he accounted himself as good of birth as any other. For service to the common wealth all or such a number had done it, as they could not be accounted few. And if a few would take upon them to usurp over the rest, the rest conspiring together would soon be master over them, and ruinated them wholly. Whereupon necessarily it came to pass that the common wealth must turn and alter as before from one to a few, so now from a few to many and the most part, each of these yet willing to save the politic body, to conserve the authority of their nation, to defend themselves against all other, their strife being only for empire and rule, and who should do best for common wealth, whereof they would have experience made by bearing office and being magistrates. This I take for the first and natural beginning of the rule of the multitude which the Greeks called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: the Latins some Republica by the general name, some populi potestas, some census potestas, I cannot tell how latinely.   

That the common wealth or policy must be according to the nature of the people. CHAP. 15.  
BY this process and discourse it doth appear that the mutations & changes of fashions of government in common wealths be natural, & do not always 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 three kinds of common wealths are natural, so when to each party or espece and kind of the people that is applied which best agreeth like a garment to the body or shoe to the foot, than the body politic is in quiet, & findeth ease, pleasure and profit. But if a contrary form be given to a contrary manner of people, as when the shoe is too little or too great for the foot, it doth hurt and encumber the convenient use thereof, so the free people of nature tyrannised or ruled by one against their wills, were he never so good, either fail of courage and were servile, or never rest until they either destroy their king and them that would subdue them, or be destroyed themselves: And again another sort there is which without being ruled by on●e prince but set at liberty cannot tell what they should do, but either through insolency, pride and idleness will fall to robbery and all mischief, and to scatter and dissolve themselves, or with foolish ambition and private strife consume one another and bring themselves to nothing. Of both these two we have histories enough to bear witness, as the Greeks, Romans, Samnites, Danes Uandals, and others. Yet must you not think, that all common wealths, administrations and rulinges began on this sort, by provining or propagation, as is before written, but many times after a great battle and long war the captain who led a multitude of people, gathered peradventure of diverse nations & languages, liking the place which he hath by force conquered, tarrieth there, & beginneth a common wealth after this manner, & for the most part a kingdom. As the Goths & Lombard's in Italy, the Frenchmen in Gaul, the Saracens in Spain and part of France, the Saxons in great Britain, which is now called England: of which when that one and chief prince is dead, the nobler sort consult among themselves, and either choose an other head and king, or divide it into more heads & rulers, so did the Lumbards' in Italy, 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 certain few, excluding the multitude and commonalty, as the Paduans, Veronenses, and Venetians have accustomed.   

The division of the parts and persons of the common wealth. CHAP. 16.  
TO make all things yet clear before, as we shall go, there ariseth another division of the parts of the common wealth. For it is not enough to say that it consisteth of a multitude of houses & families which make streets & villages, & the multitude of the streets & villages make towns, and the multitude of towns the realm, & that freemen be considered only in this behalf, as subjects & citizens of the commonwealth, & not bondmen who can bear no rule nor jurisdiction over freemen, as they who be taken but as instruments & the goods and possessions of others. In which consideration also we do reject women, as those whom nature hath made to keep home and to nourish their family and children, and not to meddle with matters abroad, nor to bear office in a city or common wealth no more than children and infants: except it be in such cases as the authority is annexed to the blood and progeny, as the crown, a duchy, or an earldom, for there the blood is respected, not the age nor the sex. Whereby an absolute Queen, an absolute Duchess or Countess, those I call absolute, which have the name, not by being married to a king, duke, or earl, but by being the true, right & next successors in the dignity, and upon whom by right of the blood that title is descended: These I say have the same authority although they be women or children in that kingdom, duchy or earldom, as they should have had if they had been men of full age. For the right and honour of the blood, and the quietness and surety of the realm, is more to be considered, than either the tender age as yet impotent to rule, or the sex not accustomed (otherwise) to intermeddle with public affairs, being by common intendment understood, that such personages never do lack the counsel of such grave and discreet men as be able to supply all other defects. This (as I said) is not enough. But the division of these which be participant of the common wealth is one way of them that bear office, the other of them that bear none: the first are called magistrates, the second private men. Another the like was among the Romans of Partricij & plebei, th'one striving with tother a long time, the patricij many years excluding the plebes from bearing rule, until at last all magistrates were made common between them: yet was there another division of the Romans into senatores, equites and plebs: the Greeks had also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The French have also at this day, les nobles & la populare, or gentiles homes & villains: we in England divide our men commonly into four forts, gentlemen, citizens and yeomen artificers, and labourers. Of gentlemen the first and chief are the king, the prince, dukes, marquises, earls, viscounts, barons, and these are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the nobility, and all these are called Lords and noblemen: next to these be knights, esquires and simple gentlemen.   

Of the first part of gentlemen of englande called Nobilitas maior. CHAP. 17.  

Nobilitas maior.  Duke's, marquises, earls, viscounts, and barons, either be created by the prince or come to that honour by being the eldest sons, as highest & next in succession to their parents. 
Elder sons of dukes are not earls by birth, but Lords, and take their place above earls, and so are eldest sons in respect of barons.  For the eldest of duke's sons during his father's life is called an earl, an earls son is called by the name of a viscount, or baron, or else according as the creation is. The creation I call the first donation and condition of the honour (given by the prince, for good service done by him and advancement that the prince will bestow upon him) which with the title of that honour is commonly (but not always) given to him and to his heirs, males only: the rest of the sons of the nobility by the rigour of the law be but esquires, 
Esquires of honour or Lords.  yet in common speech, all dukes and marquises sons, and the eldest son of an earl be called Lords. The which name commonly doth agree to none of lower degree than barons, excepting such only, as be thereunto by some special office called. The barony or degree of Lords doth answer to the dignity of the Senators of Rome, and the title of our nobility to their patricij: when patricij did betoken senatores aut senatorum filios. Census senatorius was in Rome, at diverse times diverse, and in England no man is created baron, except he may dispend of yearly revenue, one thousand pounds or one thousand marks at the least. viscounts, earls, marquises and dukes more according to the proportion of the degree and honour, but though by chance he or his son have less, he keepeth his degree: but if they decay by excess, and be not able to maintain the honour (as senatores Romani were amoti senatu) so sometimes they are not admitted to the upper house in the parliament, although they keep the name of Lord still.   

Of the second sort of gentlemen which may be called Nobilitas minor, & first of knights. CHAP. 18.  
NO man is a knight by succession, not the king or prince. And the name of prince in england 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 betokeneth the kings eldest son or prince of wales: although the king himself, his eldest son, and all dukes be called by general name princes. But as in France the kings eldest son hath the title of the dauphin, and he or the next heir apparent to the crown is monsire, so in England the kings eldest son is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the prince. knights therefore be not borne but made, either before the battle to encourage them the more to adventure their lives, or after the conflict, as advancement for their hardiness and manhood already showed: or out of the war for some great service done, or some good hope through the virtues which do appear in them. And they are made either by the king himself, or by his commission and royal authority, given for the same purpose, or by his lieutenant in the wars, who hath his royal and absolute power committed to him for that time. And that order seemeth to answer in part to that which the Romans called Equites Romanos, differing in some points, and agreeing in other, as their common wealth and ours do differ and agree: for never in all points one common wealth doth agree with an other, no nor long time any one common wealth with itself. For all changeth continually to more or less, and still to diverse & diverse orders, as the diversity of times do present occasion, and the mutability of men's wits doth invent and assay new ways, to reform and amend that were in they do find fault. Equites Romani were chosen ex censu, the is according to their substance and riches. So be knights in England most commonly, according to the yearly revenue of their lands being able to maintain that estate: yet all they that had Equestrem censum, non legebantur equites. No more are all made knights in England that may dispend a knights land or fee, but they only whom the king will so honour. The number of Equites was uncertain, and so it is of knights, at the pleasure of the prince. Equites Romani had equum publicum: The knights of England have not so, but find their own horse themselves in peace time, and most usually in wars.  
Census equester was among the Romans at divers times of diverse value: but in England whosoever may dispend of his free lands 40. l. sterling of yearly revenue by an old law of England either at the coronation of the king, or marriage 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 are not thought worthy of the honour and yet have ability, neither be made knights though they would, and yet pay the fine Xl. l. sterling, at that time when this order began, maketh now Cxx. l. of currant money of England: as I have more at large declared in my book of the diversity of standards or the valour of moneys.  
When the Romans 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 contained equites and plebem: so when we in England do say the Lords and the commons, the knights, esquires & other gentlemen, with citizens, burgesses & yeomen be accounted to make the commons. In ordaining of laws the senate of Lords of England is one house, where the archbishops and Bishops also be, and the king or Queen for the time being as chief: the knights and all the rest of the gentlemen, citizens and burgesses which be admitted to consult upon the greatest affairs of the Realm be in an other house by themselves, and that is called the house of the commons, as we shall more clearly describe when we speak of the parliament. Whereupon this word knight is derived, and whether it do betoken no more but that which miles doth in latin, which is a soldier, might be moved as a question. The word soldier now seemeth rather to come of sold and payment, and more to betoken a waged or hired man to fight than otherwise, yet Caesar in his Commentaries called soldures in the tongue gallois, men who devoted & swore themselves in a certain band or oath one to another and to the captain, which order if the Almains did follow, it may be that they who were not hired but being of the nation, upon their own charges and for their advancement, and by such common oath or band that did follow the wars, 
Verè Lantzknechti. lancearius: a speareman  were (possibly) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 called knights or milites, and now among the Almains some are called lanceknights as soldiers of their band not hired, although at this day they be for the most part hirelings. Or peradventure it may be that they which were next about the prince as his guard or servants picked or chosen men out of the rest being called in the Almain language, knighten which is as much to say as servants: these men being found of good service, the word afterward was taken for an honour, and for him who maketh profession of arms. Our language is so changed that I dare make no judgement thereof. Now we call him knight in english that the french calleth chevalier, 
Eques auratus. The making of a knight.  and the lataine equitem or equestris ordinis.  
And when any man is made a knight, he kneeling down is strooken of the prince, with his sword naked upon the back 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, avauncèr. This is the manner of dubbing of knights at this present: and that term dubbing was the old term in this point, and not creation. At the coronation of a king or queen, there be knights of the bath made with long and more curious ceremonies: But howsoever one by dubbed or made a knight, his wife is by and by called a Lady as well as a barons wife: he himself is not called Lord, but hath to his name in common appellation added this syllable, Sir, as if he before were named, Thomas, William, john, or Richard, afterward he is always called Sir Thomas, Sir William, 
Sire quasi Senior.  Sir john, Sir Richard, and that is the title which men give to knights in England. This may suffice at this time, to declare the order of knighthood, yet there is an other order of knights in England which be called the knights of the garter. King Edward the third, after he had obtained many notable victories, King john of France, King james of Scotland, being both prisoners in the tower of London at one time, and king Henry of castle the bastard expulsed out of his realm, and Don Petro restored unto it by the prince of Wales and Duke of Aquitaine called the black prince, invented a society of honour, and made a choice out of his own realm and dominions, and all Christendom: and the best and most excellent renowned persons in virtues and honour, he did adorn with that title to be knights of his order, gave them a garter decked with gold, pearl and precious stones, with the buckle of gold, to wear daily on the left leg only, a kirtle, gown, cloak, chaperon, collar, and other august and magnifical apparel both of stuff and fashion exquisite & heroical, to wear at high feasts, as to so high and princely an order was meet: of which order he and his succesors Kings and Queens of England to be the sovereign, and the rest by certain statutes and laws among themselves, be taken as brethren and fellows in that order, to the number of xxvi. But because this is rather an ornament of the realm than any policy or government thereof, I leave to speak any further of it.   

Of esquires. CHAP. 19  
EScuier or esquire (which we call commonly squire) is a French word, and betokeneth Scutigerum or Armigerum, and be all those which bear arms (as we call them) or armouries (as they term them in French) which to bear is a testimony of the nobility or race from whence they do come. These be taken for no distinct order of the common wealth, but do go with the residue of the gentlemen: save that (as I take it) they be those who bear arms, testimonies (as I have said) of their race, and therefore have neither creation nor dubbing: or else they were at the first costerels or the bearers of the arms of Lords or knights, and by that had their name for a dignity and honour given to distinguish them from a common soldier called in latin Gregarius miles.   

Of Gentlemen. CHAP. 20.  
GEntlemen be those whom their blood and race doth make noble and known, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek, the Lataines call them all Nobiles, as the French Nobles. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Nobilitas in Latin is defined, honour or title given, for that the ancestor hath been notable in riches or virtues, or (in fewer words) old riches or prows remaining in one stock. Which if the successors do keep and follow, they be verè nobiles and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: if they do not yet the same and wealth of their ancestors serve to cover them so long as it can, as a thing once gilted though it be copper within, till the gilt be worn away. This hath his reason, for the Etymology of the name serveth thefficacy of the word. Gens in Latin betokeneth the race and surname, so the Romans had Cornelio's, Sergios, Appios, Fabios, AEmilios, Pisones, julio, Brutos, Valerio's, of which who were Agnati, and therefore kept the name, were also Gentiles: and remaining the memory of the glory of their progenitors fame, were gentlemen of that or that race. This matter made a great strife among the Romans, when those which were Novi homines were more allowed, for their virtues new and newly shown, than the old smell of ancient race newly defaced by the cowardice and evil life of their nephews and discendauntes could make the other to be. Thus the Cicerones, Catones, and Marij had much ado with those ancients, and therefore said Juvenalis: 
Malo pater tibi sit Tersites, dummodo tu sis  
AEacidi similis vulcaniaque arma capessas,  
Quàm te Thersiti similem producat Achilles.   
But as other common wealths were feign to do, so must all princes necessarily follow, that is, where virtue is to honour it: and although virtue of ancient race be earlier to be obtained, aswell by the example of the progenitors, which encourageth, as also through ability of education and bringing up, which enableth, and the lastly enraced love of tenants & neighbours to such noblemen and gentlemen, of whom they hold and by whom they do dwell, which pricketh forward to ensue in their father's steps. So it all this do fail (as it were great pity it should) yet such is the nature of all humane things, and so the world is subject to mutability, that it doth many times fail: but when it doth, the prince and common wealth have the same power that their predecessors had, and as the husbandman hath to plant a new tree where the old faileth, so hath the prince to honour virtue where he doth find it, to make gentlemen, esquires, knights, barons, earls marquises & dukes, where he seethe virtue able to bear that honour or merits, and deserves it, & so it hath always been used among us. But ordinarily the king doth only make knights and create barons or higher degrees: for as for gentlemen, they be made good cheap in England. For whosoever studieth the laws of the realm, who studieth in the universities, who professed liberal sciences, and to be short, who can live idly and without manual labour, and will bear the port, charge and countenance of a gentleman, he shall be called master, for that is the title which men give to esquires and other gentlemen, and shall be taken for a gentleman: for true it is with us as is said, Tanti eris alijs quanti tibi feceris: (and if need be) a king of Heralds shall also give him for money, arms newly made and invented, the title whereof shall pretend to have been found by the said Herald in perusing and viewing of old registers, where his ancestors in times past had been recorded to bear the same: Or if he will do it more truly and of better faith, he will write that for the merits of that man, and certain qualities which he doth see in him, and for sundry noble acts which he hath performed, he by the authority which he hath as king of Heralds & arms, giveth to him and his heirs these and these arms, which being done I think he may be called a squire, for he beareth ever after those arms. Such men are called sometime in scorn gentlemen of the first head.   

Whether the manner of England in making gentlemen so easily is to be allowed. CHAP. 21.  
A Man may make doubt & question whether this manner of making gentlemen is to be allowed or no, & for my part I am of that opinion the it is not amiss. For first the prince looseth nothing by it, as he should do it it were as in France: for the yeomen or husbandman is no more subject to tail or tax in England than the gentleman: no, in every payment to the king the gentleman is more charged, which he beareth the gladlier and dareth not gainsay for to save and keep his honour and reputation. In any show or muster or other particular charge of the town 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 show, a gentleman (if he will be so accounted) must go like a gentleman, a yeoman like a yeoman, and a rascal like a rascal: and if he be called to the wars, he must and will (whatsoever it cost him) array himself and arm him according to the vocation which he pretendeth: he must show also a more manly courage & tokens of better education, higher stomach and bountifuller liberality than others, and keep about him idle servants, who shall do nothing but wait upon him. So that no man hath hurt by it but he himself, who hereby perchance will bear a bigger sail than he is able to maintain. For as touching the policy and government of the common wealth, it is not those that have to do with it, which will magnify themselves, and go in higher buskins than their estate will bear: but they which are to be appointed, are persons tried and well known, as shall be declared hereafter.   

Of Citizens and Burgesses. CHAP. 22.  
NExt to gentlemen, be appointed citizens and burgesses, such as not only be free and received as officers within the cities, but also be of some substance to bear the charges. But these citizens and burgesses, be to serve the common wealth, in their cities & burrows, or incorporate towns where they dwell. Generally in the thyres they be of none account, save only in the common assembly of the realm to make laws, which is called the Parliament. The ancient cities appoint iiii. and each burrow two. to have voices in it, and to give their consent or dissent in the name of the city or burrow, for which they be appointed.   

Of Yeomen. CHAP. 23.  
THose whom we call yeomen next unto the nobility, knights and squires, have the greatest charge and doings in the common wealth, or rather are more travailed to serve in it than all the rest: as shall appear hereafter. I call him a yeoman whom our laws do call Legalem hominem, a word familiar in writs and inquests, which is a freeman borne English, and may dispend of his own free land in yearly revenue to the sum of xl. s. sterling: This maketh (if the just value were taken now to the proportion of moneys) ut. l. of our currant money at this present. This sort of people confess themselves to be no gentlemen, but give the honour to all which be or take upon them to be gentlemen, and yet they have a certain pre-eminence and more estimation than labourers and artificers, and commonly live wealthily, keep good houses, & do their business, & travail to acquire riches: these be (for the most part) farmers unto gentlemen, which with grazing, frequenting of markets, and keeping servants not idle as the gentleman doth, but such as get both their own living and part of their masters, by these means do come to such wealth, that they are able and daily do buy the lands of unthrifty gentlemen, and after setting their sons to the school at the Universities, to the law of the Realm, or otherwise leaving them sufficient lands whereon they may live without labour, do make their said sons by those means gentlemen. These be not called masters, for that (as I said) pertaineth to gentlemen only: But to their surnames, men add goodman: as if the Surname be Luter, Finch, White, Browne, they are called, goodman Luter, goodman White, goodman Finch, goodman Browne, amongst their neighbours, I mean not in matters of importance or in law. But in matters of law and for distinction, if one were a knight they would write him (for example sake) sir john Finch knight, so if he be an esquire, john Finch esquire or gentleman, if he be no gentleman, john Finch yeoman. For amongst the gentlemen they which claim no higher degree, and yet be to be exempted out of the number of the lowest sort thereof, be written esquires. So amongst the husbandmen labourers lowest and rascal sort of the people such as be exempted out of the number of the rascabilitie of the popular be called and written yeomen, as in the degree next unto gentlemen. These are they which old Cato calleth Aratores and optimos cives in Republica: and such as of whom the writers of common wealths praise to have many in it. Aristoteles namely reciteth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: these tend their own business, come not to meddle in public matters and judgements but when they are called, and glad when they are delivered thereof, are obedient to the gentlemen and rulers, and in war can abide travail and labour as men used to it, yet within it soon at an end that they might come home & live of their own. When they are forth they fight for their Lords of whom they hold their lands, for their wives and children, for their country and nation, for praise and honour, against they come home, and to have the love of their Lord and his children to be continued towards them and their children, which have adventured their lives to and with him and his. These are they which in the old world got that honour to England, not that either for wit, conduction, or for power they are or were ever to be compared to the gentlemen, but because they be so many in number, so obedient at the Lords call, so strong of body, so heard to endure pain, so courageous to adventure with their Lord or Captain going with, or before them, for else they be not hasty nor never were, as making no procession of knowledge of war. These were the good archers in times past, and the stable troop of footmen that affaide all France, that would rather die all, than once abandon the knight or gentleman their Captain, who at those days commonly was their Lord, and whose tenants they were, ready (besides perpetual shame) to be in danger of undoing of themselves, & all theirs if they should show any sign of cowardice or abandon the Lord, Knight or Gentlemen of whom they held their living. And this they have amongst them from their forefathers told one to an other. The gentlemen of France and the yeoman of England are renowned, because in battle of horsemen France was many times too good for us, as we again always for them on foot. And gentlemen for the most part be men at arms and horsemen, and yeomen commonly on foot: howsoever it was, yet the gentlemen had always the conduction of the yeomen, and as their captains were either a foot or upon a little nag with them, and the Kings of England in fought battles remaining always among the footmen, as the French Kings amongst their horsemen. Each Prince thereby, as a man may guess, did show where he thought his strength did consist. What a yeoman is I have declared, but from whence the word is derived it is hard to say: it cannot be thought that yeomen should be said a young man, for commonly we do not call any a yeoman till he be married, and have children, and as it were have authority among his neighbours. Younker in low dutch betokeneth a mean gentleman or a gay fellow. Possible our yeomen not being so bold as to name themselves gentlemen, when they came home, were content when they had heard by frequentation with low dutchmen of some small gentleman (but yet that would be counted so) to be called amongst them, younker man, the calling so in wars by mockage or in sport th'one an other, when they come home, younker man, and so yeoman: which word now signifieth among us, a man well at ease and having honestly to live, and yet not a gentleman: whatsoever that word younker man, yonke man, or yeoman doth more or less signify to the dutch men.   

Of the fourth sort of men which do not rule. CHAP. 24.  
THe fourth sort or class amongst us, is of those which the old Romans called capite censij proletarij or operae, day labourers, poor husbandmen, yea marcantes or retailers which have no free land, copiholders, and all artificers, as Tailors, Shoemakers, Carpenters, Brickemakers, Bricklayers, Masons, etc. These have no voice nor authority in our common wealth, and no account is made of them but only to be ruled, not to rule other, and yet they be not altogether neglected. For in cities and corporate towns for default of yeomen, inquests and juries are impaneled of such manner of people. And in villages they be commonly made Churchwardens, alecunners, and many times Constables, which office toucheth more the common wealth, and at the first was not employed upon such low and base persons. Wherefore generally to speak of the common wealth, or policy of England, it is governed, administered, & manured by three sorts of persons, the Prince, Monarch, and head governor, which is called the king, or if the crown fall to a woman, the Queen absolute, as I have heretofore said: In whose name and by whose authority all things are administered. The gentlemen, which be divided into two parts, the Barony or estate of Lords containing barons and all that be above the degree of a baron, (as I have declared before): and those which be no Lords, as Knights, Esquires, and simply gentlemen. The third and last sort of persons is named the yeomanry: each of these hath his part and administration in indgementes, corrections of defaults, in election of offices, in appointing and collection of tributes and subsidies, or in making laws, as shall appear hereafter.    

THE SECOND book.  

Of the Parliament and the authority thereof. CHAP. 1.  
THe most high and absolute power of the realm of England, consisteth in the Parliament. For as in war where the king himself in person, the nobility, the rest of the gentility, and the yeomanry are, is the force and power of England: so in peace & consultation where the Prince is to give life, and the last and highest commandment, the Barony for the nobility and higher; the knights, esquires, gentlemen and commons for the lower part of the common wealth, the bishops for the clergy be present to advertise, consult and show what is good and necessary for the common wealth, and to consult together, and upon mature deliberation every bill or law being thrice read and disputed upon in either house, the other two parts first each a part, and after the Prince himself in presence of both the parties doth consent unto and alloweth. That is the Princes and whole realms deed: whereupon justly no man can complain but must accommodate himself to find it good and obey it.  
That which is done by this consent is called firm, stable, and sanctum, and is taken for law. The Parliament abrogateth old laws, maketh new, giveth orders for things past, and for things hereafter to be followed, changeth rights, and possessions of private men, legittimateth bastards, establisheth forms of religion, altereth weights and measures, giveth forms of succession to the crown, defineth of doubtful rights, whereof is no law already mads, appointeth subsidies, tails, taxes, and impositions, giveth most free pardons and absolutions, restoreth in blood and name as the highest court, condemneth or absolveth them whom the Prince will put to that trial: And to be short, all that ever the people of Rome might do either in Centuriatis comitijs or tributis, 
Alias Tribunitijs.  the same may be done by the parliament of England, which representeth & hath the power of the whole realm both the head and the body. For every Englishman is intended to be there present, either in person or by procuration and attorneys, of what pre-eminence, state, dignity, or quality soever he be, from the Prince (be he King or Queen) to the lowest person of England. And the consent of the Parliament is taken to be every man's consent.   

The form of holding the parliament. CHAP. 2.  
THe Prince sendeth forth his rescripts or writs to every duke, marquis, baron, and every other Lord temporal or spiritual who hath voice in the parliament, to be at his great counsel of Parliament such a day, (the space from the date of the writ is commonly at the least forty days): he sendeth also writs to the Sheriffs of every shire to admonish the whole shire to choose two knights of the parliament in the name of the shire, to hear and reason, and to give their advise and consent in the name of the shire, and to be present at that day: likewise to every city and town which of ancienty hath been wont to find burgesses of the parliament, so to make election that they might be present there at the first day of the parliament. The knights of the shire be chosen by all the gentlemen and yeomen of the shire, 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 dispend at the least xl. s. of yearly rent of free land of his own. These meeting at one day, the two who have the more of their voices be chosen knights of the shire for that parliament: likewise by the plurality of the voices of the citizens and burgesses be the burgesses elected. The first day of the parliament the Prince and all the Lords in their robes of parliament do meet in the higher house, where after prayers made, they that be present are written, and they that be absent upon sickness or some other reasonable cause (which the prince will allow) do constitute under their hand and seal some one of those who be present as their procurer or attorney to give voice for them, so that by presence or attorney & proxey they be all there, all the princes and barons & 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 midst of the higher place thereof. Next under the prince sitteth the Chancellor, who is the voice and orator of the prince. On the one side of that house or chamber sitteth the archbishops and bishops, each in his rank: on the other side the dukes and barons. In the midst thereof upon woolsackes sitteth the judges of the realm, the master of the rolls, and the secretaries of estate. But these that sit on the woolsacks have no voice in the house, but only sit there to answer their knowledge in the law, when they be asked if any doubt arise among the Lords. The secretaries to answer of such letters or things passed in counsel whereof they have the custody and knowledge: and this is called the upper house, whose consent and dissent is given by each man severally and by himself, first for himself, and then severally for so many as he hath letters and proxies, when it cometh to the question, saying only content or not content, without further reasoning or replying. In this mean time the knights of the shires and burgesses of the parliament (for so they are called that have voice in parliament, and are chosen as I have 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 answer and declaring for what shire or town they answer: then they are willed to choose an able & discreet man to be as it were the mouth of them, all & to speak for and in the name of them, and to present him so chosen by them to the prince: which done they coming all with him to a bar, which is at the neither end of the upper house, there he first praiseth the prince, then maketh his excuse of unability, and prayeth the prince that he would command the commons to choose another. The chancellor in the prince's name doth so much declare him able, as he did declare himself unable, and thanketh the commons for choosing so wise, discreet and eloquent a man, and willeth them to go and consult of laws for the common wealth. Then the speaker maketh certain requests to the prince in the name of the commons, first that his majesty would be content that they may use and enjoy all their liberties and privileges that the common house was wont to enjoy. Secondly that they might frankly and freely say their minds in disputing of such matters as may come in question, and that without offence to his Majesty. Thirdly that if any should chance 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 highness court: That they themselves might (according to the ancient custom) have the punishment of them. And four, that if there came any doubt, whereupon they shall desire to have th'advise or conference with his Majesty or with any of the Lords, that they might do it: All which he promiseth in the commons names that they shall not abuse, but have such regard as most faithful, true and loving subjects ought to have to their prince.  
The Chancellor answereth in the prince's name, as appertaineth. And this is all that is done for one day, & sometime two. Besides the Chancellor, there is one in the upper house who is called Clerk of the Parliament, who readeth the bills. For all that cometh in consultation either in the upper house or in the neither house, is put in writing first in paper, which being once read, he that will, riseth up and speaketh with it or against it: and so one after another so long as they shall think good. That done they go to an other, and so another bill. After it hath been once or twice read, and doth appear that it is somewhat like as reasonable, with such amendment in words and peradventure some sentences as by disputation seemeth to be amended. In the upper house the Chancellor asketh if they will have it engrossed, that is to say put into parchment: which done, and read the third time, and that eftsoons if any be disposed to object disputed again among them, the Chancellor asketh if they will go to the question: and if they agree to go to the question, than he saith, here is such a law or act concerning such a matter, which hath been thrice read here in this house, are ye content that it be enacted or no? If the not contents be more, than the bill is dashed, that is to say the law is annihilated and goeth no further. If the contents be the more, than the Clerk writeth underneath: Soit baille aux commons. And so when they see time they send such bills as they have approved by two or three of those which do sit on the woolsacks to the commons: who ask licence, and coming into the house, with due reverence, saith to the speaker: Master speaker my Lords of the upper house have passed among them and think good, that there should be enacted by Parliament such an act, and such an act, and so readeth the titles of that act or acts. They pray you to consider of them, and show them your advise, which done they go their way. They being gone and the door again shut, the speaker rehearseth to the house what they said. And if they be not busy disputing at that time in an other bill, he asketh them straightway if they will have that bill or (if there be more) one of them.  
In like manner in the lower house the speaker sitting in a seat or chair for that purpose somewhat higher, that he may see and be seen of them all, hath before him in a lower seat his Clerk, who readeth such bills as he first propounded in the lower house, or be sent down from the Lords. For in that point, each house hath equal authority, to propound what they think meet, either for thabrogating of some law made before, or for making of a new. All bills be thrice in three diverse days read and disputed upon, before they come to the question. In the disputing is a marvelous good order used in the lower house. He that standeth up beareheadded is understranded that he will speak to the bill. If more stand up, who that first is judged to arise, is first hard, though the one do praise the law, the other dissuade it, yet there is no altercation. For every 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 do confute, but by circumlocution, as he that speaketh with the bill, or he that spoke against the bill, and gave this and this reason. And so with perpetual 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 strait, that day may not reply, no though he would change his opinion. So that to one bill in one day one may not in that house speak twice, for else one or two with altercation would spend all the time. The next day he may, but then also but once.  
No reviling or nipping words must be used. For then all the house will cry, it is against the order: and if any speak unreverently or seditiously against the Prince or the privy counsel, I have seen them not only interrupted, but it hath been moved after to the house, and they have sent them to the tower. So that in such a multitude, and in such diversity of minds, and opinions, there is the greatest modesty and temperance of speech that can be used. Nevertheless with much doulce and gentle terms, they make their reasons as violent and as vehement the one against the other as they may ordinarily, except it be for urgent causes & hasting of time. At the afternoon they keep no parliament. The speaker hath no voice in the house, nor they will not suffer him to speak in any bill to move or dissuade it. But when any bill is read, the speakers office is as briefly and as plainly as he may to declare the effect thereof to the house. If the commons do assent to such bills as be sent to them first agreed upon from the Lords thus subscribed, Les commons out assentus, so if the Lords do agree to such bills as be first agreed upon by the Commons, they send them down to the speaker thus subscribed, Les Seigneurs out assentus. If they cannot agree, the two houses (for every bill from whence soever it doth come is thrice read in each of the houses) if it be understood that there is any sticking sometimes the Lords to the Commons, sometime the Commons to the Lords do require that a certain of each house may meet together, and so each part to be informed of others meaning, and this is always granted. After which meeting for the most part not always either part agrees to others bills.  
In the upper house they give their assent & dissent each man severally & by himself first for himself, and then for so many as he hath proxy. When the chancellor hath demanded of them whether they will go to the question after the bill hath been thrice read, they saying only content or not content, without further reasoning or replying: and as the more number doth agree, so it is agreed on or dashed.  
In the neither house none of them that is elected either Knight or Burges can give his voice to an other nor his consent nor dissent by proxy. The more parts of them that be present only maketh the consent or dissent. After the bill hath been twice read, and then engrossed and eftsoons read and disputed on enough as is thought: the speaker asketh if they will go to the question. And if they agree be holdeth the bill up in his hand and sayeth, as many as will have this bill go forward, which is concerning such a matter, say yea. Then they which allow the bill cry yea, and as many as will not, say no: as the cry of yea or no is bigger, so the bill is allowed or dashed. If it be a doubt which cry is the bigger, they divide the house, the speaker saying, as many as do allow the bill go down with the bill, and as many as do not sit still. So they divide themselves, and being so divided they are numbered who make the more part, and so the bill doth speed. It chanceth sometime that some part of the bill is allowed, some other part hath much contrariety and doubt made of it: and it is thought if it were amended it would go forward. Then they choose certain committees of them who have spoken with the bill & against it to amend it, and bring it in again so amended, as they amongst them shall think meet: and this is before it is engrossed, yea & some time after. But the agreement of these committees is no prejudice to the house. For at the last question they will either accept it or dash it as it shall seem good, notwithstanding that whatsoever the committees have done.  
Thus no bill is an act of Parliament, ordinance, or edict of law, until both the houses severally have agreed unto it, after the order aforesaid, no nor then neither. But the last day of that Parliament or session the Prince cometh in person in his Parliament robes, and sitteth in his state: all the upper house sitteth about the Prince in their states and order in their robes. The speaker with all the common house cometh to the bar, and there after thankesgiven first in the lords name by the chancellor etc. and in the commons name by the speaker to the Prince, for that he hath so great care of the good government of his people, and for calling them together to advise of such things as should be for the reformation, establishing & ornament of the common wealth: the chancellor in the Princes name giveth thanks to the Lords & commons for their pains and travails taken, which he saith the Prince will remember and recompense when time and occasion shall serve, and that he for his part is ready to declare his pleasure concerning their proceedings, whereby the same may have perfect life & accomplishment by his princely authority, and so have the whole consent of the Realm. Than one reads the title of every act which hath passed at that session, but only in this fashion: An act concerning such a thing etc. It is marked there what the Prince doth allow, and to such he saith: Le roy or la royne le veult. And those be taken now as perfect laws and ordinances of the Realm of England and none other, and as shortly as may be put in print, except it be some private cause or law made for the benefit or prejudice of some private man, which the Romans were wont to call privilegia. These be only exemplified under the seal 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 utterly dashed and of no effect.  
This is the order and form of the highest and most authentical court of England, by virtue whereof all those things be established whereof I spoke before, and no other means accounted available to make any new forfeiture of life, member, or lands of any English man, where there was no law ordained for it before. Now let us speak of the said parts when they be several.   

Of the Monarch King or Queen of England. CHAP. 3.  
THe Prince whom I now call (as I have often before) the Monarch of England, King or Queen, hath absolutely in his power the authority of war and peace, to defy what Prince it shall please him, and to bid him war, and again to reconcile himself and enter into league or truce with him at his pleasure or the advice only of his privy counsel. His privy counsel be chosen also at the Prince's pleasure out of the nobility or barony, and of the Knights, and Esquires, such and so many as he shall think good, who doth consult daily, or when need is of the weighty matters of the Realm, to give therein to their Prince the best advice they can. The Prince doth participate to them all, or so many of them, as he shall think good, such legations and messages as come from foreign Princes, such letters or occurrentes as be sent to himself or to his secretaries, and keepeth so many ambassades and letters sent unto him secret as he will, although these have a particular oath of a counsellor touching faith and secrets administered unto them when they be first admitted into that company. So that herein the kingdom of England is far more absolute than either the dukedom of Venice is, or the kingdom of the Lacedæmonians was. In war time, & in the field the Prince hath also absolute power, so that his word is a law, he may put to death, or to other bodily punishment, whom he shall think so to deserve, without process of law or form of judgement. This hath been sometime used within the Realm before any open war in sodden insurrections and rebellions, but that not allowed of wise and grave men, who in that their judgement had consideration of the consequence and example, as much as of the present necessity,, especially, when by any means the punishment might have been done by order of law. This absolute power is called martial law and ever was and necessarily must be used in all camps and hosts of men, where the time nor place do suffer the tarriance of pleading and process, be it never so short, and the important necessity requireth speedy execution, that with more awe the soldier might be kept in more strait obedience, without which never captain can do any thing vaileable in the wars.  
The prince useth also absolute power in crying and decreeing the money of the realm by his proclamation only. The money is always stamped with the pinces' image and title. The form, fashion, manner, weight, fineness, and baseness thereof, is at the discretion of the prince. For whom should the people trust more in that matter than their prince, seeing the coin is only to certify the goodness of the metal and the weight, which is affirmed by the prince's image and mark? But if the prince will deceive them and give copper for silver or gold, or enhance his coin more than it is worth, he is deceived himself, as well as he doth go about to deceive his subjects. For in the same sort they pay the prince his rents and customs. And in time they will make him pay rateably or more for meat, drink and victuals for him and his, and for their labour: which experience doth teach us now in our days to be done in all regions. For there ever hath been & ever will be a certain proportion between the scarcity and plenty of other things, with gold and silver, as I have declared more at large in my book of money. For all other measures and weights, aswell of dry things as of wet, they have accustomed to be established or altered by the Parliament, and not by the prince's proclamation only.  
The prince useth also to dispense with laws made, whereas equity requireth a moderation to be had, and with pains for transgression of laws, where the pain of the law is applied only to the prince. But where the forfeit (as in popular actions it chanceth many times) is part to the prince, the other part to the declarator, detector or informer, there the prince doth dispense for his own part only. Where the criminal action is intended by inquisition (that manner is called with us at the prince's suit) the prince giveeth absolution or pardon: yet with a clause, modo stet rectus in curia, that is to say, that no man object against the offendor. Whereby notwithstanding that he hath the prince's pardon if the person offended will take upon him the accusation (which in our language is called the appeal) in cases where it lieth, the prince's pardon doth not serve the offendor.  
The prince giveth all the chief and highest offices or magistracies of the realm, be it of judgement or dignity, temporal or spiritual, and hath the tenths and first fruits of all Ecclesiastical promotions, except in the Universities and certain Colleges which be exempt.  
All writs, executions and commandments be done in the prince's name. We do say in England the life and member of the kings subjects are the kings only, that is to say no man hath haut nor moyenne justice but the king, nor can hold plea thereof. And therefore all those pleas, which touch the life or the mutilation of man, be called pleas of the crown, nor can be dooke in the name of any inferior person than he or she that holdeth the crown of England. And likewise no man can give pardon thereof but the prince only: Although in times passed there were certain county Palatines, as Chester, Durham, Clie, which were haut justicers, and writs went in their name, and also some Lord marchers of Wales, which claimed like privilege. All these are now worn away. The supreme justice is done in the kings name, and by his authority only.  
The Prince hath the wardship and first marriage of all those that hold lands of him in chief. And also the government of all fools natural, or such as be made by adventure of sickness, and so continue, if they be landed. This being once granted by act of Parliament (although some inconvenience hath been thought to grow thereof, & sith that time it hath been thought very unreasonable) yet once annexed to the crown who ought to go about to take the club out of Hercules hand. And being governed justly & rightly, I see not so much inconvenience in it, as some men would make of it: diverse other rights and pre-eminences the prince hath which be called prerogatives royals, or the prerogative of the king, which be declared particularly in the books of the common laws of England.  
To be short the prince is the life, the head, and the authority of all things that be done in the realm of England. And to no prince is done more honour and reverence than to the King and Queen of England, no man speaketh to the prince nor serveth at the table but in adoration and kneeling, all persons of the realm be bareheaded before him: insomuch that in the chamber of presence where the cloth of estate is set, no man dare walk, yea though the prince be not there, no man dare tarry there but bareheadded. This is understood of the subjects of the realm: For all strangers be suffered there and in all places to use the manner of their country, such is the civility of our nation.   

The chief points wherein one common wealth doth differ from an other. CHAP. 4.  
NOw that we have spoken of the parliament (which is the whole universal and general consent and authority aswell of the prince as of the nobility and commons, that is to say, of the whole head and body of the realm of England) and also of the prince, (which is the head, life and governor of this common wealth): there remaineth to show, how this head doth distribute his authority and power to the rest of the members for the government of this realm, and the common wealth of the politic body of England. And whereas as all common wealths and governments be most occupied, and be most diverse in the fashion of five things: in making of laws and ordinances, for their own government: in making of battle & peace, of truce with foreign nations: in providing of money for the maintenance of themselves within themselves, & defence of themselves against their enemies: in choosing and election of the chief officers and magistrates: and fifthly in the administration of justice. The first and third we have showed is done by the prince in parliament. The second and fourth by the prince himself. The fift remaineth to be declared.   

Of the three manners and forms of trials or judgements in England. CHAP. 5.  
By order and usage of England there is three ways and manners, whereby absolute and definite judgement is given, by parliament which is the highest and most absolute, by battle, and by the great assize.   

Trial or judgement by parliament. CHAP. 6.  
THe matter of giving judgement by parliament between private and private man, or between the prince and any private man, be it in matters criminal or civil, for land or for heritage, doth not differ from thorder, which I have prescribed, but it proceedeth by bill thrice read in each house and assented to as I have said before, and at the last day confirmed and allowed by the prince. Howbeit such bills be seldom received because that great counsel being enough occupied with the public affairs of the realm, will not gladly intermeddle itself with private quarrels & questions.   

Trial of judgement by battle. CHAP. 7.  
THis is at this present not much used, partly because of long time the Pope and the clergy to whom in times past we were much subject, always cried against it as a thing damnable and unlawful, and partly because in all common wealths (as to the tongue) so to the manners, fashions, habits, yea and kinds of trials and judgements, and to all other things that is therein used, time and space of years bringeth a change. But I could not yet learn that it was ever abrogated. So that it remaineth in force, whensoever it be demanded. The manner of it is described in Briton.   

The trial by assise or xii. men, & first of the three parts which be necessary in judgement. CHAP. 8.  
THe two first iugdementes be absolute supreme and without appeal, and so is also the judgement by the great assise. And because our manner of judgements in England is in many things different from the fashion used either in France, or in Italy, or in any other place where the Emperor's laws and constitutions (called the civil laws) be put in use, it will be necessary here to make a little digression, to the intent, that that which shallbe said hereafter may be better understood. All pursuits and actions (we call them in our English tongue pleas) and in barbarous (but now usual) latin placita, taking▪ that name abusive of the definitive sentence, which may well be called placitum or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The French useth the same calling in their language, the sentence of their judges areste or arrest: in which words notwithstanding after their custom they do not found the s. but we call placitum the action not the sentence, and placitare barbarously, or to plead in english, agere or litigare. Now in all judgements necessarily being two parties, the first we call the impleader, suitor, demander or demandant and plaintiff: In criminal causes if he profess to be an accuser, we call him appellant or appellour, and so accusation we call appeal. The other we call the defendant and in criminal causes prisoner, for he cannot answer in causes criminal before he do render himself or be rendered prisoner.  
Index is of us called judge, but our fashion is so diverse that they which give the deadly stroke, and either condemn or acquit the man for guilty or not guilty, are not called judges but the xii▪ men. And the same order aswell is in civil matters and pecuniary, as in matters criminal.   

Of pleas or actions. CHAP. 9  
PLeas or actions criminal be in English called pleas of the crown, which be all those which tend to take away a man's life or any member of him, for his evil deserving against the prince and common wealth.  
And this name is given not without a cause. For taking this for a principle that the life and member of an Englishman is in the power only of the prince and his laws, when any of his subjects is spoiled either of life or member, the prince is endamaged thereby, and hath good cause to ask account, how his subjects should come to that mischief. And again for so much as the prince who governeth the sceptre, and holdeth the crown of England hath this in his care and charge, to see the realm well governed, the life, members and possessions of his subjects kept in peace and assurance: he that by violence shall attempt to break that peace and assurance, hath forfeited against the sceptre and crown of England: and therefore not without a cause in all inquisitions and indictments, if any be found by the xii. men to have offended in that behalf, straight the prince is said to be party, and he that shall speak for the prisoner shall be rebuked, as speaking against the prince. Nevertheless it is never defended, but the prisoner and party defendant in any cause may allege for him, all the reasons, means and defences that he can, and shall be peaceably heard and quietly: But in those pleas & pursuits of the crown, procurer or advocate he gets none, 
Saving in appels and upon a special plea.  which in civil and pecuniary matters (be it for land, rent, right, or possession, although he plead against the prince himself) is never denied.  
Pleas civil be either personal or real, personal as contracts or for injuries: 
Actio is the parties whole suit▪ breve is the king's precept.  real be either possessory to ask, or to keep the possession, or in rem, which we call a writ of right. For that which in the civil law is called actio or formula, we call writ in English: so the Greeks called it word for word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and in our barbarous latin we name it breve.  
And as the old Romans had their actions some ex iure civili, and some ex iure praetorio, and ordinarily praetor dabat actiones & formulas actionum: so in England we retain still this, and have some writs out of the chancery, other out of the common place or the kings bench.   

Of the chief Tribunals, benches or courts of England. CHAP. 10.  
IN times past (as may appear to him that shall with judgement read the histories and antiquities of England) the courts and benches followed the king and his court wheresoever he went, especially shortly after the conquest. Which thing being found very cumbersome, painful and chargeable to the people, it was agreed by parliament, that there should be a standing place where judgement should be given. And it hath long time been used in Westminster hall, which king William Rufus builded for the hall of his own house. In that hall be ordinarily seen 3. Tribunals or judges seats. At the entry on the right hand, the common place, where civil matters are to be pleaded, specially such as touch lands or contracts. At the upper end of the hall, on the right hand, the kings bench, where pleas of the crown have their place. And on the left hand sitteth the Chancellor accompanied with the master of the Rolls, who in latin may be called custos archivorum regis, and certain men learned in the civil law called Masters of the chancery, in latin they may be named Assessores.   

Of the times of pleading called terms, & of the Chancellor and chancery. CHAP. II.  
TWo things may be moved in question here, how all England (being so long and so large, and having so many shires and provinces therein) can be answered of justice in one place, and in 3. benches be they never so great? An other (whereas the kings bench is exercised in criminal causes and in all pleas of the crown, and the common place in all civil causes, real and personal) what place then hath the chancery?  
The first question will seem more marvelous and have more occasion of doubt, when I shall also tell that the law is not open at all times, no not the third part of the year. But where all other cities and common wealths had all the year pleas, suits, and judgements, except for certain holy days and harvest and vintage, or when for some urgent cause the law was commanded to be stopped, which is called justitium: Contrary in ours, it is but few times open. That is only four times in the year which they call terms. After Michaelmas about ten days, during five or six weeks at the least. After Christmas about a month, enduring by the space of three weeks. Then from xvij days after Easter by the space of three weeks & odd days. Likewise from the sixth or seventh day after Trinity sunday, during two weeks and odd days. All the rest of the year there is no pleading, entering nor pursuing of actions. This small time, and all that but in one place may seem verse injurious to the people, who must be feign to suffer much wrong for lack of justice and of place and time to plead▪ but unto that hereafter I intend to answer more fully, and in the mean while that shall suffice which the wise Cato answered to one who moved that the pleading place in Rome might be covered over with canvas as their theatres were, to the intent that the plaintiffs and defendants that were there might plead their matters more at ease, and not be in so much danger of their health by the heat of the sun striking full and open upon their heads, which was no small grief and disease, specially at Rome. Nay (saith Cato) for my part I had rather with that all the ways to the place of pleading were cast over with galthrops that the feet of such as love so well pleading, should feel so much pain of those pricks in going thither as their heads do of the sun in tarrying there: he meant that they were but idle, hot heads, busy bodies, and troublesome men in the common wealth that did so nourish pleading: good labourers and quiet men could be content to end their matters at home by judgement of their neighbours and kinsfolk without spending so their money upon procurers and advocates whom we call attorneys, counsellors, Sergeants, and generally men of law. Those be accounted profitable citizens, who attend their honest labour and business at home, and not stand waiting and gaping upon their rolls and process in the law: as for the other by his judgement, it was no matter what mischief they suffered. To the other question of the chancery, this I answer: That our law which is called of us the common law as ye would say Ius civil, is and standeth upon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is Ius summum: and their maximees be taken so straitly that they may not departed from the tenor of the words even as the old civil law was. And therefore as that lacked the help of a Praetor (which might moderari illud ius summum, give actions where none was, mitigate the exactness and rigour of the law written, give exceptions, as metus, doli mali, minoris aetatis, etc. for remedies, and maintain always aequum & bonum:) the same order and rank holdeth our chancery, and the chancellor hath the very authority herein as had the Praeter in the old civil law before the time of the Emperors. So he that putteth up his bill in the chancery, after that he hath declared the mischief wherein he is, hath relief as in the solemn forum. And for so much as in this case he is without remedy in the common law, therefore he requireth the chancellor according to equity and reason to provide for him and to take such order as to good conscience shall appertain. And the court of the chancery is called of the common people the court of conscience, because that the chancellor is not strained by rigour or form of words of law to judge but ex aequo and bono, and according to conscience as I have said. And in this court the usual and proper form of pleading of England is not used, but the form of pleading by writing, which is used in other countries according to the civil law: and the trial is not by xii. men, but by the examination of witness as in other courts of the civil law.   

Of judges in the common law of England, and the manner of trial and pleading there. CHAP. 12.  
THe Prince out of the numbers of those who have been Counsellors or Sergeants at the law, which be those who in latin are called causidici or advocati, chooseth two of the most approved for learning, age, discretion, and exercise, of whom the one is called chief justice of the King's bench, or simply chief justice, the other chief justice of the common place, and others to the number of six or more, which have each an ordinary fee or stipend of the Prince.  
These do sit at such days as be term, which may be called Dies legitimi iuridici or fasti, in their distinct places as I have said before. There they hear the pleading of all matters which do come before them: and in civil matters where the pleading is for money or land or possession, part by writing, and part by declaration and altercation of the advocates the one with tother, it doth so proceed before them till it do come to the issue, which the latins do call statum causae, I do not mean contestationem litis, but as the rhetoricians do call statum, we do 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 dark vessel issueth out, is voided and emptied) and no where else: that stroke well stricken is the departing of all the quarrels. Issues or status in our law be ordinarily two, facti and juris.   

Of the two manner of issues. CHAP. 13.  
IF the question be of the law, that is if both the parties do agree upon the fact, and each do claim that by law he ought to have it, and will still in that sort maintain their right, than it is called a demurrer in law: where if in the law the case seem to the judges that sit doubtful, 
But sometimes it is determined by the same court only.  it is called a checkerchamber case, and all the judges will meet together, and what they shall pronounce to be the law, that is held for right, and the other party looseth his action or land for ever. If the sergeants or counsellors do stand upon any point in the law which is not so doubtful, the judges who be taken for most expert bids him go forward: and if he hath no other to say but standeth upon that point of the law, 
This should be meant of a respondes ouster, when the opinion is against him that taketh an exception which is not peremptory.  that bidding go forward is taken that he looseth his action, and the defendant is licenced to departed without a day: and this is where the issue or question is of the law or juris. So is that case where the law is not doubtful according to the matter contained in the declaration, answer, replication, rejoinder or triplication, the judge out of hand decideth it. And it is the manner that each party must agree to the other still in the fact which he cannot deny. For if he once come to deny any deed as not done, not his writing, that the man by whom the adversary claimeth was not the adversaries ancestor, 
He may deny it by protestation.  or the evidence which his adversary bringeth is not true, or that his gift was former, or any such like exception which is vaileable to abate the action or bar the party: and the other joineth in the affirmative and will aver and prove the same, this is called the issue, and immediately all question of the law ceaseth as agreed by both the parties, that there is no question in the law. Then as that issue facti is found by the xii men of whom we shall speak hereafter, so the one party or other looseth his cause and action: so that contrary to the manner of the civil law where first the fact is examined by witnesses, indices, torments and such like probations to find out the truth thereof, and that done the advocates do dispute of the law to make of it what they can: saying, ex facto ius oritur: here the sergeants or counsellors before the judges do in passing forward with their pleading determine and agree upon the law, and for the most part and in manner all actions as well criminiall as civil, come to the issue & state of some fact which is denied of the one party, and averred of the other: which fact being tried by the xii men as they find, so the action is won or lost. And if a man have many peremptory exceptions (peremptory exceptions I call only those which can make the state and issue) because the xii men be commonly rude and ignorant, the party shallbe compelled to choose one exception whereupon to found his issue, which chosen if he fail in that by the verdict of xii men, he looseth his action and cause, and the rest can serve him for nothing.  
Having seen both in France and other places many devices, edicts and ordinances how to abridge process and to find how that long suits in law might be made shorter: I have not perceived nor read as yet so wise, so just, and so well devised a mean found out as this by any man among us in Europe.  
Truth it is that where this fashion hath not been used and to them to whom it is new, it will not be so easily understood, and therefore they may peradventure be of contrary judgement: but the more they do weigh and consider it, the more reasonable they shall find it.  
How the issue, question or status juris is decided, I have told: now I will show how it is tried when it doth come to the question, state or issue of the deed or fact. And first I must speak more largely of the manner of proceeding in the process, and of such persons as be necessary for the execution thereof.   

Of the sheriff of the shire, and of the court of exchequer. CHAP. 14.  
THe Romans had to execute the commandments of the magistrates Lictores, viatores, accensos. The civil law sith that time hath other names, terms, and officers. The execution of the commandments of the magistrates in England is ordinarily done by the sheriffs. The sheriff (which is as much to say as the reeve or bailie of the shire) is properly word for word Questor provinciae: it is he which gathereth up and accounteth for the profits 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 revenues of the crown, aswell that which came of the patrimony which we call the demesnes: as that which cometh of other incident acquisitions be they rents, customs, tenths, quinziesmes, taxes, subsidies, wheresoever the Prince or his court be according to the time and occasion) was a place stable, continual and appointed for to reckon and account. The hearers of the account (who in latin may be called tribuni aerarij) have auditors under them which the Latins do call Rationales: but they are the chief for the accounts of the Prince, and may be called juridicirationales, in English we call them Barons of the exchequer, whereof is one who is called the chief Baron, as Tribunus or juridicus rationalis primus or princeps. The chief of all is called high treasurer of England, 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 penal action be delatores, having thereby part of the profit by the law assigned. In this court if any question be, it is determined after the order of the common law of England by the xii men as I have said: and all customers which were in latin called publicarij in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, do account in this office. The Sheriff of the shire is called in our common latin vicecomes, as one would say vicarius comitis or procomes, doing that service to attend upon the execution of the commandments of the Tribunalles or judges which the Earl or county should do, which Earl or Country for the most part was attending upon the Prince in the wars or otherwise about the Prince as the word beareth, Comes principis: whereby it may appear that the chief office of the County or Earl was to see the kings Justice to have course and to be well executed in the shire or County, and the Prince's revenues well answered and brought in aerarium principis, which is called of us the treasury.  
If any fines or amerciaments, which in latin be called mulctae, belevied in any of the said courts upon any man or any arrearages of accounts by the latins called reliqua, of such things as is of customs, taxes, subsidies or any other such occasions, the same the sheriff of the shire doth gather and is respondent therefore in the exchequer. As for other ordinary rents of patrimonial lands and most commonly for the taxes, customs, and subsidies, there be particular receivers and collectors which do answer it into the exchequer. The sheriff hath under him an under sheriff at his charge and appointment learned somewhat in the law, especially if he be not learned himself, & divers bailiffs which he called errantes, whom he maketh at his pleasure, who can know each land and person in the shire, and their ability to go upon inquests, either to distrain or to summon him to appear whom the sheriff shall appoint, and for this cause to the sheriffs as to the minister most proper of the law the writs be directed.  
When any thing cometh to an issue of the deed or fact, there is a writ or writing directed to the sheriff of the shire where the land is, whereupon the controversy is, or where the man dwelleth of whom the money is demanded, 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 return of the sheriff. And if for any disobedience of not coming and appearing there be a fine (which the latins do call Mulcta) set upon any jurors head, the sheriff is charged with it, and taketh the distresses which in latin be called Pignora, and answereth therefore to the exchequer. The sheriff also is ready by himself or by his undersherife to serve aswell the justices of peace in their quarter sessions as the justices called itinerants in their great assizes, when they come into the shire, which is twice in the year, to dispatch and void actions criminal and civil depending at the common law, and which be come now to the issue. He hath also the charge of all the prisoners committed to the prison which we call the jail, and when any is condemned to die, it is his charge to see the sentence executed. To be short, he is as it were the general minister and highest for execùtion of such commandments according to the law as the judges do ordain, and this is enough for the sheriff.   

Of the xii men. CHAP. 15.  
OF what manner and order of men in the common wealth the xii men be I have already declared. The sheriff always warneth xxiv to appear, lest peradventure any might be sick or have a just cause of absence: and if there be not enough to make an inquest, the absentes be amersed. For although they be called xii men as a man would say duodecim viri, yet if they be xuj, xx or the whole number of xxiv, that is no matter, xii they must be at the least to make an inquest or as some call it a quest. An inquest or quest is called this lawful kind of trial by xii men. In actions civil which is either of contracts or for land or possession when so many of those which be warned appear at the call as be able to make an inquest, which as I said before be no less than xii, either part when they be come taketh their challenges against so many of them as they will, which be that he may not spend so much land a year, he is allied, feed, or servant to his adverse party, he is his enemy etc. And two of the whole number do try and allow or disallow the rest. If after exceptions there be so many rejected that there is not a full inquest, in some cases that day is lost, in some the inquest is filled ex circumstantibus: when the quest is full, they be sworn to declare the truth of that issue according to the evidence and their conscience. Then the sergeants of either side declare the issue, and each for his client saith as much as he can. Evidences of writings be showed, witnesses be sworn, & heard before them, not after the fashion of the civil law but openly, that not only the xii, but the judges, the parties and as many as be present may hear what each witness doth say: The adverse party or his advocates which we call counsellors and sergeants interrogateth sometime the witnesses, 
That is not order but abuse.  and driveth them out of countenance. Although this may seem strange to our civillians now, yet who readeth Cicero and Quintilian well shall see that there was no other order and manner 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 have said what they can, one of the judges with a brief and pithy recapitulation reciteth to the xii in sum the arguments of the sergeants of either side, that which the witnesses have declared, and the chief points of the evidence showed in writing, and once again putteth them in mind of the issue, and sometime giveth it them in writing, delivering to them the evidence which is showed on either part, if any be, (evidence here is called writings of contracts authentical after the manner of England, that is to say, written, sealed, and delivered) and biddeth them go together. Then there is a bailiff charged with them to keep them in a chamber not far off without bread, drink, light, or fire until they be agreed, that is, till they all agree upon one verdict concerning the same issue, and upon one among them who shall speak for them all when they be agreed: for it goeth not by the most part, but each man must agree. They return and in so few words as may be they give their determination: few I call uj or seven or viii words at the most (for commonly the issue is brought so narrow, that such number of words may be enough to affirm or to deny it) which done they are dismissed to go whither they will. 
Courtesy and not duty.  The party with whom they have given their sentence, giveth the inquest their dinner that day most commonly, and this is all that they have for their labour, notwithstanding that they come some xx some thirty or xl miles or more, to the place where they give their verdict all, the rest is of their own charge. And necessarily all the whole xii must be of the shire and iiij of them of the hundred where the land lieth which is in controversy, or where the party 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 divisions or parts of shires in divers countries diversly named after the manner and language of each country. For the shires be divided some into x. xii. xiii. xuj. xx. or thirty hundreds, more or less, either that they were at the first C. towns & villages in each hundred: and although now they be but xuj. xx. thirty. xl. l. lx. more or less, yet it is still called an hundred, or else there were but so many at the first as be now, or a few more or less, and they did find the king to his wars an hundred able men. Lath, and rape I take to be names of service, for that so many towns in old time, and in the first poverty of the Realm did meet together in one day to carry the lords corn into his barn, which is called in old English a Lath. Or that they met at commandment of the Lord to reap his corn.  
Wapentake I suppose came of the Danes or peradventure of the Saxons. For that so many towns came by their orders then, to one place, where was taken a monster of their armour and weapons, in which place from them that could not find sufficient pledges for their good abearing, their weapons were taken away: weapon or wapen in old English do signify all arms offensive, as sword, dagger, spear, lance, bill, bows, arrows.  
Of the place where the monsters were taken or where the said services were done, the hundreds, Laths, Rapes, and wapentakes had and have yet their names, which be most commonly good towns, and it is to be thought at the first they were all such. But sometime now in places whereof the hundred hath the name, 
Hundreds were named of towns, hills, or other marks.  no mention nor memory of a town remaineth, such mutation time bringeth with it of all things. A hundred hath one or two high Constables, who hath some authority over all the lower, and particular Constables. Those high Constables be made by the justices of the peace of the shire, and each hundred hath his bailiff, who is made by the Lord if any hath that liberty, or else by the sheriff of the shire for the time being.   

Of the court Baron. CHAP. 17.  
IT may appear strange that of xxxuj shires, whereof each shire is divided into divers hundreds, each hundred containing diverse parishes, all pleading should be but in one place, that is in Westminster hall, and that but in certain times of the year, making little more than one quarter of the year in the whole. And one would think the there should be much lack of justice & right, and much wrong taken without redress. But it is not so: The people being accustomed to live in such an equality of justice, & that in such sort that the rich hath no more advantage therein than the poor, the process, and proceedings to the judgement being so short, and judgements also being peremptory and without appellation: Yet to help for small matters, where no great sum is in question there are other courts. In every shire from three weeks to three weeks the sheriff for small things not passing xl. s. and in certain hundreds and liberties the bailie likewise from three weeks to three weeks holdeth plea. And whosoever is possessioner and owner of a manor, may hold from three weeks to three weeks, or at his pleasure of his tennantes and amongst his tennantes a court called a court Baron. And there his tennantes' being sworn make a jury which is not called the inquest, but the homage. These principally do inquire of the copy holder's, and other free holder's that be dead sith the last court, and bring in their heirs, and next successors, and likewise of incrochment or intrusion of any of the tennantes against the Lord, or among themselves. They make orders and laws amongst themselves, the pain of them if they be after broken, cometh to the Lord. And if any small matter be in controversy, it is put to them, and commonly they do end it. But these courts do serve rather for men that can be content to be ordered by their neighbours, and which love their quiet and profit in their husbandry, more than to be busy in the law. For whether party soever will, may procure a writ out of the higher court to remove the plea to Westminster.  
In cities and other great towns there be diverse liberties to hold plea for a bigger sum, which do determine aswell as the common law, and after the same manner, and yet for them that will, it may be removed to Westminster hall.  
King Henry the eight ordained first a precedent, Counsellors and judges, one for the marches of Wales, at Ludlowe, or else where: an other for the north parts of England at York, where be many causes determined. These two are as be Parliaments in France. But yet if there be any matter of great consequence, the party may move it at the first, or remove it afterwards to Westminster hall, and to the ordinary judges of the Realm, or to the chancellor, as the matter is.  
These two courts do hear matters before them, part after the common law of England, and part after the fashion of the chancery.   

Of the Leete or law day. CHAP. 18.  
LEete or law day is not incident to every manor, but to those only which by special grant, or long prescription have such liberty. This was as it may appear first a special trust and confidence and commission given to a few put in trust by the Prince, as is now to the justices of peace, to see men sworn to the Prince, to take pledges and sureties in that manner of one for an other to answer for obedience and truth, to inquire of privy conspiracies, frays, murders, and bloudsheddes, and to this was added the oversight of bread and ale, and other measures. Many times they that be out of the homage and court Baron of that manor and Lordship, be nevertheless astreined and answerable to come to the leet. This leet is ordinarily kept but twice in the year, and that at terms and times prescribed.  
The leet or Law day is all one, and betokeneth word for word, legittimum or iuridicum diem. Law the old Saxons called lant or lag, and so by corruption and changing of language from Lant to Leete, understanding day. They which keep our full english term, call it yet law day.   

Of the proceedings of causes criminal, and first of the justices of the Peace. CHAP. 19  
BEfore the manner of proceeding in causes criminal can be well understood, it will be necessary to speak of three persons, the justices of peace, the Coroners, and the Constables. The justices of peace be men elected out of the nobility, higher and lower, that is the Dukes, marquesses, Barons, Knights, esquires, and Gentlemen, and of such as be learned in the laws, such and in such number as the Prince shall think meet, and in whom for wisdom and discretion he putteth his trust, inhabitants within the county▪ saving that some of the high nobility and chief magistrates for honours sake are put in all, or in the most of the commissions of all the shires of England. These have no time of their rule limited but by commission from the Prince alterable at pleasure.  
At the first they were but iiij, after viii, now they come commonly to thirty or xl in every shire, either by increase of riches, learning, or activity in policy and government. So many more being found, which have either will, or power, or both, are not too many to handle the affairs of the common wealth in this behalf. Of these in the same commission be certain named, which be called of the Quorum, in whom is especial trust reposed, that where the commission is given to xl or thirty, and so at the last it cometh to iiij or three, it is necessary for the performance of many affairs to have likewise diverse of the Quorum. The words of the commission be such, Quorum vos A B. C D. E F. unum esse volumus.  
The justices of the peace be those in whom at this time for the repressing of robbers, thieves, and vagabonds, of privy complots, and conspiracies, of riotes, and violences, and all other misdemeanours in the common wealth, the Prince putteth his special trust. Each of them hath authority upon complaint to him made of any theft, robbery, manslaughter, murder, violence, complotes, riots, unlawful games, or any such disturbance of the peace, and quiet of the Realm, to commit the persons whom he supposeth offenders, to the prison, and to charge the Constable or sheriff to bring them thither, the gaoler to receive them and keep them till he and his fellows do meet. A few lines signed with his hand is enough for that purpose▪ these do meet four times in the year, that is, in each quarter once, to inquire of all the misdemeanours aforesaid: at which days the sheriff, or his undersherife with his bailiffs be there to attend upon him, who must prepare against that time four inquests of xxiv yeomen a piece of diverse hundreds in the shire, 
This is not always and in all places observed, but only concerning the grand inquest.  and besides one which is called the great inquest out of the body of the shire mingled with all. These five inquests are sworn before them to inquire of all heretics, traitors, thefts, murders, manslaughters, rapes, false moniers, extortioners, riots, routs, forcible entries, unlawful games, and all such things as be contrary to the peace and good order of the Realm, & to bring in their verdict. If they among themselves upon their own knowledge do find any culpable, they cause one of the clerks to make the bill. And if any be there to complain upon any man for these faults, he putteth in his bill, which bill is presented first to the justices sitting upon the bench, to see if it be conceived in form of law, which done the complainant doth deliver it to one of these inquests, & after the complainant is sworn, he declareth to them what he can, for the proof of it. And if they find it true they do nothing but write on the backside of it billa vera, as ye would say, scriptum verum: or accusatio justa, or reus est qui accusatur: Then he who is there named is called indicted.  
If they do not find it true, they writ on the backside ignoramus, & so deliver it to the justices of whom it is rend into pieces immediately: he that is indicted is accounted a lawful prisoner, and after that time looked more straightly unto. For this indictment is no conviction: and if he be indicted, and be not already in prison, the sheriff if he can find him, bringeth him into prison: if he cannot find him, process is made out against him, to render himself prisoner, or else he shallbe outlawed. 
The use of capias and exigent upon indictments is otherwise.  So he is called three times in diverse county days to render himself to the law. The fourth is called the exigent, by which he is outlawed not rendering himself, as ye would say: exactus or actus in exilium. The outlaw looseth all his goods to the King for his disobedience. But if after he will render himself to answer to the law, and show some reasonable cause of his absence, many times of grace his outlawerie is pardoned. These meetings of the justices of peace four times in the year, 
They are put to fines.  be called quarter sessions or sessions of inquiry, because that nothing is there determined touching the malefactors, but only the custody of them: and this kind of proceeding which is by inquisition of the xii men within themselves, and their own consciences, or by denunciation of him that putteth in his bill to the xii, is called at the king's suit, and the king is reckoned the one party, and the prisoner the other. The justices of the peace do meet also at other times by commandment of the Prince upon suspicion of war, to take order for the safety of the shire, sometimes to take musters of harness and able men, and sometime to take orders for the excessive wages of servants and labourers, for excess of apparel, for unlawful games, for conventicles and evil orders in alehouses, and taverns, for punishment of idle and vagabond persons, and generally as I have said, for the good government of the shire, the Prince putteth his confidence in them. And commonly every year, or each second year in the beginning of summer or afterwards, (for in the warm time the people for the most part be more unruly) even in the calm time of peace, the Prince with his counsel chooseth out certain articles out of penal laws already made for to repress the pride and evil rule of the popular, and sendeth them down to the justices, willing them to look upon those points, and after they have met together and consulted among themselves, how to order that matter most wisely and circumspectly, whereby the people might be kept in good order and obedience after the law, they divide themselves by three or four: and so each in his quarter taketh order for the execution of the said articles. And then within certain space they meet again and certify the Prince or his privy counsel how they do find the shire in rule & order touching those points and all other disorders. There was never in any commonwealth devised a more wise, a more dulce and gentle, nor a more certain way to rule the people, whereby they are kept always as it were in a bridle of good order, & sooner looked unto that they should not offend, than punished when they have offended. For seeing the chief amongst them, their rulers to have this special charge and do call upon it, and if occasion so do present, one or two presently either punished or sent to prison for disobedience to those old orders & laws, they take a fear within themselves, they amend and do promise more amendment. So that it is as a new forbushing of the good laws of the realm, and a continual repressing of disorders, which do naturally rest among men. But as the invention of this, and the use and execution thereof is the most benefit that can be devised for the common wealth of England: So when it shallbe misused, dissembled with, or be contemned, & be done pro forma tantum, and as they term it in France par mainere d' acquit only, it will be the present ruin (though not at the first apperceived) of the common wealth. Of which the fault may be as well in the commanders for not making good choice what and how they command, as in the commanded, for not executing that which is commanded.   

Of hue and cry and recognisance taking upon them that may give evidence. CHAP. 20.  
BY the old law of England if any theft, or robbery be done, if he that is rob, or he that seeth or perceiveth that any man is rob do levy hue & cry, that is to say, do call and cry for aid, and say that a theft or robbery is done contrary to the Prince's peace and assurance: The Constable of the village to whom he doth come, and so make that cry, aught to raise the parish to aid him and seek the thief, and if the thief be not found 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 cry from parish to parish is carried, till the thief or robber be found. That parish which doth not his duty, but letteth by their negligence the thief to departed, doth not only pay a fine to the king, but must repay to the party rob his damages. So that every English man is a sergeant to take the thief, and who showeth himself negligent therein, doth not only incur evil opinion therefore, but hardly shall escape punishment: what is done with the thief or robber when he is taken, I shall show you hereafter. The same manner is followed if any man be slain, for straight the murderer is pursued of every man till he be taken. So soon as any is brought to the justices of peace by this hue or cry, by the Constable or any other who doth pursue the malefactor, he doth examine the malefactor, and writeth the examinations and his confession: then he doth bind the party that is rob or him that sueth, and the Constable, and so many as can give evidence against the malefactor to be at the next sessions of jail delivery to give their evidence for the Queen. He bindeth them in recognizance of xl. xxl. xxxl. xll. or C. l. according to his discretion, and the quality of the crime: which certified under his hand, is levied upon the recognisance if they fail of being there.   

Of the Coroner. CHAP. 21.  
But if any man, woman, or child, be violently slain, the murderer not known, no man ought or dare bury the body before the Coroner hath seen it. The Coroner is one chosen by the Prince of the meaner sort of gentlemen, and for the most part a man seen in the laws of the Realm to execute that office. And if the person slain, (slain I call here, whosoever he be, man, woman, or child, that violently cometh to his death, whether it be by knife, poison, cord, drowning, burning, suffocation, or otherwise, be it by his own fault or default, or by any other) if (I say) the person slain be buried before the Coroner do come (which for the most part men dare not do) he doth cause the body to be taken up again, and to be searched, and upon the sight of the body so violently come to his death, he doth empanel an inquest of xii men or more, of those which come next by, be they strangers or inhabitants, which upon their oaths, and by the sight or view of the body, and by such informations as they can take, must search how the person slain came to his death, and by whom as the doer or causer thereof. These are not enclosed into a straight place, (as I told before of other inquests) but are suffered to go at large, and take a day, sometime after xx or thirty days, more or less, as the fact is more evident, or more kept close, to give their evidence, at which day they must appear there again before the said Coroner to give their verdict. So sometime the person slain himself, sometime the brother, the husband, the wife, the sister, some of acquaintance or stranger, such as God will have revealed, be taken. For whosoever they do find as guilty of the murder, he is straight committed to prison, and this is against him in the nature of an indictment which is not a full condemnation, as ye shall see hereafter.  
The empanelling of this inquest, and the view of the body, and the giving of the verdict, is commonly in the street in an open place, and in Corona populi: but I take rather that this name cometh because that the death of every subject by violence is accounted to touch the crown of the Prince, and to be a detriment unto it, the Prince accounting that his strength, power, and crown doth stand and consist in the force of his people, and the maintenance of them in security and peace.   

Of the Constables. CHAP. 22.  
THese men are called in the elder books of our laws of the Realm custodes pacis, and were at the first in greater reputation than they be now. It may appear that there was a credit given unto them not altogether unlike to that which is now given to the justices of peace. To this day if any affray chance to be made, the Constables ought and will charge them that be at debate to keep the Prince's peace: and whosoever refuseth to obey the Constable therein, all the people will set straight upon him, and by force make him to render himself to be ordered. Likewise if any be suspected of theft, or receiving, or of murder, or of manslaughter, the Constable may take such persons, yea enter into any man's house with sufficient power to search for such men till he find them: and if he see cause keep the suspected persons in the stocks, or custody, till he bring them before a justice of the peace to be examined. But for so much as every little village hath commonly two Constables, 
One or two Constables, headboroughs or tithingmen.  and many times artificers, labourers and men of small ability be chosen unto that office, who have no great experience, nor knowledge, nor authority, the Constables at this present (although this they may do upon their own authority) yet they seem rather to be as it were the executors of the commandment of the justices of peace. For the justice of peace as soon as he understandeth by complaint that any man hath stolen, rob, slain, or any servant or labourer without licence hath departed out of his masters service, or any that liveth idle and suspectly, knowing once in what parish he is, he writeth to the Constable of the parish, commanding him in the Prince's name to bring that man before him: the Constable dareth not disobey. The man is brought and examined by the justice, and if the justice do find cause, he committeth him to the same Constable to convey him further to the Prince's jail, where the party must lie till the justices of peace do meet either at their quarter sessions, or at their jail delivery, and that the law hath either condemned or acquitted him. These Constable are called in some places headboroughs, in some places tithingmen, and be like to them, who are called Consuls in many towns and villages in France. The Constables are commonly made and sworn at the leets of the Lords, chosen thereto by the homage, and they keep that office sometime ij. iij or iiij year, more or less, as the parish doth agree. What headborow doth betoken it is easily known, our language doth declare him as the head or chief of the borrow or village: likewise tithing man is the chief of the tithing. Constable seemeth to me to come of our old English word kinning, which is Kinnyngstable, as ye would say a man established by the king, for such things as appertaineth to pleas of the crown & conservation of the King's peace, & as I said at the first were in some more reputation, approaching to that authority which the justices of peace now doth hold.   

Of the sessions of jail delivery, and the definitive proceedings in causes criminal. CHAP. 23.  
How thieves and murderers and other malefactors against the crown and the peace are taken & brought into hold to answer to justice, partly by hue and cry, partly by information, and partly by the diligence of the Justices of peace and the Constables, and how that at the quarter sessions they be indicted, or else by the Coroners ye have heard before. inditement (as ye may perceive by that which is also gone before) is but a former judgement of xii men which be called inquirers, and no definitive sentence, but that which in latin is called praeiudicium, it doth but show what opinion the country hath of the malefactor: and therefore commonly men be indicted absent, not called to it, nor knowing of it. For though a man be indicted, yet if when he come to the arainement, there be no man to pursue further, nor no evidence of witness or other trial and indices against him, he is without difficulty acquitted. No man that is once indicted can be delivered without arainement. For as xii, have given a prejudice against him, so xii again must acquit or condemn him. But if the prisoner be not indicted, but sent to prison upon some suspicion or suspicious behaviour, and none do pursue him to the inditement, first being proclaimed thus. A. B. prisoner standeth here at the bar, if any man can say anything against him, let him now speak, for the prisoner standeth at his deliverance; if no man do then come, he is delivered without any further process or trouble, agreeing first with the gaoler for his fees. And these be called acquitted by proclamation. Twice every year 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 send down into every shire of England certain of his judges of Westminster hall, and some sergeants at the law with commission to hear and determine jointly with the Justices of the peace all matters criminal and all prisoners which be in the gaols. These judges do go from shire to shire till they have done their circuit of so many shires as be appointed to them for that year: at the end of the term going before their circuit it is written and set up in Westminster hall on what day and in what place they will be. That day there meeteth all the Justices of the peace of that shire, the sheriff of that shire, who for that time beareth their charges, and asketh after allowance for it in the Exchequer. The sheriff hath ready for criminal causes (as I writ before at the sessions of inquiry) iiii. v. or vi. inquests ready warned to appear that day to serve the Prince, and so many more as he is commanded to have ready to go in civil matters betwixt private men, which they call Nisi prius, because that word is in the writ.  
In the town house, or in some open or common place, there is a tribunal or place of judgement made aloft upon the highest bench, there sitteth the two Judges which be sent down in Commission in the midst. Next them on each side, sitteth the Justices of peace, according to their estate and degree. In a lower bench before them, the rest of the Justices of the peace, and some other gentlemen or their clerks. Before these judges and Justices, there is a table set beneath, at which sitteth the Custos rotulorum, or keeper of writs, Thexchetor, the undersheriff, and such clerks as do write. At the end of that table, there is a bar made with a space for thenquestes and xii. men to come in when they are called, behind that space another bar, and there stand the prisoners which be brought thither by the gaoler all chained one to another. Then the crier crieth, and commandeth silence. One of the judges briefly telleth the cause of their coming, & giveth a good lesson to the people. Then the prisoners are called for by name, and bidden to answer to their names. And when the Custos rotulorum hath brought forth their inditements, the judges do name one or two or three of the prisoners that are indicted, whom they will have arraigned. There the clerk speaketh first to one of the prisoners: A. B. come to the bar, hold up thy hand. The clerk goeth on: A. B. thou by the name of A. B. of such a town, in such a county, art indicted, that such a day, in such a place, thou hast stolen with force and arms an horse, which was such once, of such a colour, to such a valour, and carried him away feloniously, & contrary to the peace of our sovereign Lady the Queen. What sayest thou to it, art thou guilty or not guilty▪ If he will not answer, or not answer directly guilty or not guilty, after he hath been once or twice so interrogated, he is judged mute, that is dumb by contumacy, and his condemnation is to be pressed to death, which is one of the cruelest deaths that may be: he is laid upon a table, and an other upon him, and so much weight of stones or lead laid upon that table, while as his body be crushed, & his life by that violence taken from him. This death some strong & stout hearted man doth choose, for being not condemned of felony, his blood is not corrupted, his lands nor goods confiscate to the Prince, which in all cases of felony are commonly lost from him and his heirs, if he be forejudged, that is condemned for a fellow by the law. If he confess the inditement to be true, then when he is arraigned, no xii, men goeth upon him, there resteth but the judges sentence, of the pain of death.  
If he plead not guilty, as commonly all thieves, robbers, & murderers do, though they have confessed the fact before the Justice of the peace that examined them, though they be taken with the manner, which in Latin they call inflagranti crimine, howsoever it be, if he plead there not guilty, the Clerk asketh him how he will be tried, and telleth him he must say, by God and the Country, for these be the words formal of this trial after Indictment, and where the Prince is party: if the prisoner do say so, I will be tried by God and the Country, than the Clerk replieth, Thou hast been indicted of such a crime, etc. Thou hast pleaded not guilty: being asked how thou wilt be tried, thou hast answered by God and by the Country. Lo these honest men that be come here, be in the place and stead of the Country: and if thou hast any thing to say to any of them, look upon them well and now speak, for thou standest upon thy life & death. Then calleth he in the first Juror, B. C. come to the book, and so giveth him an oath to go uprightlie betwixt the Prince and the prisoner, etc. If the prisoner objecteth nothing against him, he calleth an other, and so an other, till there be xii. or above: and for the most part the prisoner can say nothing against them, for they are chosen but for that day, and are unknown 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 near where the felony is supposed to be committed, men acquainted with daily labour and travail, and not with such idle persons, as be ready to do such mischiefs.  
When the inquest is full, and the prisoner hath objected nothing against them, as in deed seldom he doth, for the cause above rehearsed: The clerk saith to the crier, counts, (in French as ye would say reckon) and so nameth all those that be on the quest. The crier at every name crieth aloud, one, than ij. iij. iiij. and so till the number be full of xii. or more, & then saith good men and true: and then saith aloud: If any can give evidence, or can say any thing against the prisoner, let him come now, for he standeth upon his deliverance. If no man come in, than the judge asketh who sent him to prison, who is commonly one of the Justices of peace. He if he be there delivereth up the examination which he took of him, and underneath the names of those whom he hath bound to give evidence, although the malefactor hath confessed the crime to the justice of the peace, and that appear by his hand and confirmation, the xii. men will acquit the prisoner, but they which should give evidence pay their recognisance. Howbeit this doth seldom chance, except it be in small matters, and where the justices of peace, who sent the prisoner to the jail, is away. If they which be bound to give evidence come in, first is read the examination, which the justice of peace doth give in: then is heard (if he be there) the man rob what he can say, being first sworn to say truth, 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 see the judges and the justices, the inquest and the prisoner, & hear them, and be heard of them all. The judge first after they be sworn, asketh first the party rob, if he know the prisoner, and biddeth him look upon him: he saith yea, the prisoner sometime saith nay. The party pursuivaunt giveth good ensigns verbi gratia, I know thee well enough, thou robbedst me in such a place, thou beatest me, thou tookest my horse from me, and my purse, thou hadst then such a coat and such a man in thy company: the thief will say no, and so they stand a while in altercation, than he telleth all that he can say▪ after him likewise all those who were at the apprehension of the prisoner, or who can give any indices or tokens which we call in our language evidence against the malefactor. When the judge hath heard them say enough, he asketh if they can say any more: if they say no, than he turneth his speech to the inquest. Good men (saith he) ye of the inquest, ye have heard what these men say against the prisoner, you have also heard what the prisoner can say for himself, have an eye to your oath, and to your duty, & do that which God shall put in your minds to the discharge of your consciences, and mark well what is said. Thus sometime with one inquest 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 us with no more, it is enough for our memory. Many times they are charged but with one or two. At their departing, they have in writing nothing given them, but the inditement, the clerk repeating to them the effect of it, and showing more, that if they find him guilty, they shall inquire what goods, lands, and tenements, the said person had at the time of the felony committed: and if they find any, they shall bring it in: if no, they shall say so. If they find him not guilty, they shall inquire whether he fled for the felony or no.  
And there is a bailiff to wait upon them, and to see that no man do speak with them, and that they have neither bread, drink, meat, ne fire brought to them, but there to remain in a chamber together till they agree. If they be in doubt of any thing that is said, or would hear again some of them that give evidence to interrogate them more at full, or if any that can give evidence come late: it is permitted that any that is sworn to say the truth, may be interrogated of them to inform their consciences. This is to be understood although it will seem strange to all nations that do use the civil Law of the Roman Emperors, that for life and death there is nothing put in writing but the inditement only. All the rest is done openly in the presence of the judges, the justices, the inquest, the prisoner, and so many as will or can come so near as to hear it, and all depositions and witnesses given aloud, that all men may hear from the mouth of the depositors and witnesses what is said. As of this, so is it of all other prisoners after the same sort. By that time that the inquests for the prisoners be dispatched, it is commonly dinner time, the judges and justices go to dinner, and after dinner return to the same place: if the inquest be not ready for the prisoners, they go to some other inquests of nisiprius, which be civil matters and private to drive out the time. The inquests have no sooner agreed upon their charge one way or other but they tell the bailiff, and pray to be heard, and considering that they be themselves all this while as prisoners as I said before, it is no marvel, though they make expedition. The prisoners be sent for again to the bar, the inquest which hath agreed, is called for each one of the jury by his name, to which he answereth. Then the clerk asketh if they be agreed, and who shall speak for them. One or more saith yea. He that speaketh for them all is called the foreman, and commonly it is he that is first sworn: then the prisoner is bidden to hold up his hand. The clerk saith unto him, Thou art indicted by the name of A. of such a place, etc. being therefore arraigned thou pleadest thereto not guilty, being asked how thou would be tried, thou saidst by God and thy country. These honest men were given to thee by God & thy Prince for thy Country: Hearken what they say. Then he asketh of the inquest, what say you? Is he guilty or not guilty? The foreman maketh answer in one word, guilty, or in two, not guilty: the one is deadly the other acquitteth the prisoner. So that neither judge nor justice hath to do, or can reverse, alter or change that matter, if they say guilty. The clerk asketh what lands, tenements, or goods, the prisoner had at the time of the felony committed, or at any time after. Commonly it is answered that they know not, nor it shall not greatly need, for the Sheriff is diligent enough to inquire of that, for the Prince and his own advantage, and so is the excheator also.  
Of him whom the xii. men pronounce guilty, the judge asketh what he can say for himself: if he can read, demandeth his Clergy. For in many felonies, as in theft of oxen, sheep, 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 fear, such is the favour of our Law, that for the first fault the fellow shallbe admitted to his Clergy, for which purpose the Bishop must send one with authority under his seal to be judge in that matter at every jail delivery. If the condemned man demandeth to be admitted to his book, the judge commonly giveth him a Psalter, and turneth to what place he will. The prisoner readeth as well as he can (God knoweth sometime very slenderly:) than he asketh of the Bishop's commissary, legit ut clericus? The commissary must say legit or non legit, for these be words formal, and our men of Law be very precise in their words formal. If he say legit, the judge proceedeth no further to sentence of death: if he say non, the judge forthwith, or the next day proceedeth to sentence, which is done by word of mouth only: Thou A. hast been indicted of such a felony and thereof arraigned, thou hast pleaded not guilty, and put thyself upon God and thy Country, they have found thee guilty, thou hast nothing to say for thyself, the Law is, thou shalt first return to the place from whence thou camest, from thence thou shalt go to the place of execution, there thou shalt hang till thou be dead. Then he saith to the Sheriff, Sheriff do execution: he that claimeth his Clergy, is burned forthwith in the presence of the judges in the brawn of his hand with a hot iron marked with the letter T. for a thief, or M. for a manslayer, in cases where Clergy is admitted, 
The delivery to the Bishop's prison, and the purgation is taken away by statute.  and is delivered to the Bishop's officer to be kept in the Bishop's prison, from whence after a certain time by an other inquest of Clerks he is delivered and let at large: but if he be taken and condemned the second time, and his mark espied, he goeth to hanging. He whom the inquest pronounceth not guilty is acquitted forthwith and discharged of prison, paying the gaolers fees: and if he know any private man who purchased his indictment, and is able to pursue it, 
They must be two at the least that conspired.  he may have an action of conspiracy against him, and a large amends: but that case chanceth seldom.   

Certain orders peculiar to England, touching punishment of malefactors. CHAP. 24.  
FOr any felony, manslaughter, robbery, murder, rape, and such capital crimes as touch not treason & laesam maiestatem, we have by the Law of England no other punishment, but to hang till they be dead: when they be dead, every man may bury them that will, as commonly they be. Heading, tormenting, demembring, either arm or leg, breaking upon the wheel, empaciling, & such cruel torments, as be used in other nations by the order of their law, we have not: & yet as few murders committed as any where: nor it is not in the judges or the justices power, to aggravate or mitigate the punishment of the Law, but in the Prince only and his privy Counsel, which is marvelous seldom done. Yet notable murderers many times by the Prince's commandment, after they be hanged with cord till they be dead, be hanged with chains while they rot in the air. If the wife kill her husband, she shall be burned alive. If the servant kill his master, he shallbe drawn on a hurdle to the place of execution: it is called petit treason. Impoisoners, 
Quere.  if the person die thereof, by a new law made in king Henry the eights time shallbe boiled to death: but this mischief is rare and almost unknown in England. Attempting to empoison a man, or laying await to kill a man, though he wound him dangerously, yet if death follow not, is no felony by the law of England, for the Prince hath lost no man, and life ought to be given we say, but for life only. And again, when a man is murdered, all be principals and shall die, even he that doth but hold the candle to give light to the murderers. For mitigation and moderation of pains, is but corruption of judges as we think. Likewise, torment or question which is used by the order of the civil law and custom of other countries to put a malefactor to excessive pain, to make him confess of himself, or of his fellows or complices, is not used in England, it is taken for servile. For what can he serve the common wealth after as a free man, who hath his body so haled and tormented, if he be not found guilty, and what amends can be made him? And if he must die, what cruelty is it so to torment him before? Likewise, confession by torment is esteemed for nothing, for if he confess at the judgement, the trial of the xii. goeth not upon him: If he deny, 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 confess rather to have done any thing, yea, to have killed his own father, than to suffer torment, for death our nation doth not so much esteem as a mean torment. In no place shall you see malefactors go more constantly, more assuredly, & with less lamentation to their death than in England. Again, the people not accustomed to see such cruel torments, will pity the person tormented and abhor the Prince and the judges, who should bring in such cruelty amongst them, and the xii. men the rather absolve him. There is an old law of England, that if any gaoler shall put any prisoner being in his custody to any torment, to the intent to make him an approver, that is to say an accuser or Index of his complices, the gaoler shall die therefore as a fellow. And to say the truth, to what purpose is it to use torment? For whether the malefactor confess or no, and whatsoever he saith, if the inquest of xii. do find him guilty, he dieth therefore without delay. And the malefactor, seeing there is no remedy, and that they be his country men, and such as he hath himself agreed unto it, do find them worthy death, yields for the most part unto it, and doth not repine, but doth accommodate himself to ask mercy of God. The nature of our nation is free, stout, halt, prodigal of life and blood: but contumely, beatings, servitude and servile torment & punishment it will not abide. So in this nature and fashion, our ancient Princes and legislators have nourished them, as to make them stout hearted, courageous and soldiers, not villains and slaves, and that is the scope almost of all our policy. The xii. as soon as they have given their verdict are dismissed to go whither they will, and have no manner commodity & profit of their labour and verdict, but only do service to the Prince and commonwealth.   

Of Treason, & the trial which is used for the higher nobility and Barons. CHAP. 25.  
THe same order touching trial by inquest of xii men is taken in Treason, but the pain is more cruel. First to be hanged, taken down alive, his bowels taken out and burned before his face, then to be beheaded, and quartered, and those set up in diverse places. If any Duke, marquis, or any other of the degree of a Baron, or above, Lord of the Parliament be appeached of treason, or any other capital crime, he is judged by his peers and equals: that is, the yeomanry doth not go upon him, but an inquest of the Lords of the Parliament, and they give their voice, not one for all, but each severally as they do in Parliament, beginning at the youngest lord. 
Or rather high stewa●● of England●  And for judge one lord sitteth, who is Constable of England for that day. The judgement once given, he breaketh his staff and abdicateth his office. In the rest there is no difference from that above written.    

THE third book.  

Of that which in other countries is called appellation, or provocation, to amend the judgement or sentence definitive, which is thought unjustly given in causes criminal. CHAP. 1.  
IF the inquest of xii men do seem to the judges & the justices to have gone too violently against the evidence given in matters criminal, either it is that upon slender evidence they have pronounced him guilty, whom the judges & most part of the justices thinks by the evidence not fully proved guilty, or for some other cause, do think the person rather worthy to live than to die. The inquest is nevertheless dismissed: but when the judges should pronounce the sentence of death upon the person found guilty, he will differ it, which is called to reprieve the prisoner (that is to say to send him again to prison) and so declare the matter to the Prince, and obtaineth after a time for the prisoner his pardon: and as for provocation or appeal which is used so much in other countries, it hath no place in England, after sentence given by the xii, whereby the person is found guilty or not guilty: but without that reprieving the sentence is straight put in execution by the sheriff. And if they either escape or die an other death, the sheriff escapeth not to pay a great fine and ransom at the Prince's mercy: if having pregnant evidence nevertheless the xii do acquit the malefactor, which they will do sometime, and especially if they perceive either one of the justices, or of the judges, or some other man to pursue too much and too maliciously the death of the prisoner, and do suspect some subornation of the witness, or them which do give evidence, and sometime if they perceive the judge would have the prisoner escape, and in repeating the evidence do give them thereof some watchword. But if they do as I have said, pronounce not guilty upon the prisoner against whom manifest witness is brought in, the prisoner escapeth: but the xii not only be rebuked by the judges, but also threatened of punishment, and many times commanded to appear in the starrechamber, or before the privy counsel for the matter. But this threatening chanceth oftener than the execution thereof, and the xii answer with most gentle words, they did it according to their consciences, and pray the judges to be good unto them, they did as they thought right, and as they accorded all, and so it passeth away for the most part. Yet I have seen in my time (but not in the reign of the Queen now) that an inquest for pronouncing one not guilty of treason contrary to such evidence as was brought in, were not only imprisoned for a space, but an huge fine set upon their heads, which they were feign to pay: An other inquest for acquitting an other, beside paying a fine of money, put to open ignominy and shame. But those doings were even then of many accounted very violent, tyrannical, and contrary to the liberty and custom of the realm of England. Wherefore it cometh very seldom in use, yet so much at a time the inquest may be corrupted, that the Prince may have cause with justice to punish them: For they are men, and subject to corruption and partiality, as others be.   

What remedy is, if the sentence be thought unjustly given. CHAP. 2.  
IN causes civil there is another order: for if after the matter be pleaded to the issue, and the xii men thereupon impaneled, the evidence brought and pleaded before them on both the parties, the xii seem to be partial, and to have given sentence contrary to the evidence showed unto them: the party grieved may bring against them, and the party for whom the sentence is given, a writ of attaint: and where as before upon the first quest commonly they all be yeomen, now upon this attaint must go xxiv gentlemen dwelling within the shire, and xii at the least of the hundredth where the land lieth. The matter is pleaded again before the same judges. The party defendant is not only now he, who claimeth the land, but also all and every of the yeomen, who by their verdict did give it him. There must in the attaint no more evidence be brought in, 
No more evidence on the behalf of the plaintiff, but of the defendant there may.  but only that which was brought in, and alleged before the first inquest. And if this second inquest of xxiv gentlemen do adjudge as the first did, the plaintiff shall not only lose the land, but also pay a fine to the Prince and damages to the party. If this second inquest do find that the first inquest hath gone partially, and against the evidence brought in before them, the first inquest is called attainted, and accounted as perjured and infamed. The Prince had before the waste of all their lands and possessions with other punishments, 
The statute of 23. Henry 8. doth not abolish common law, but giveth a more profitable for the plaintiff.  which at this present by a law made by parliament in the time of king Henry the eight is abolished, and now by that law or act of parliament, beside other punishment, each of the quest attainted payeth unto the Prince and party v. li. if it be under forty pounds: and if above, then xx. li. Attaints be very seldom put in use, partly because the gentlemen will not meet to slander and deface the honest yeomen their neighbours: so that of a long time, they had rather pay a mean fine than to appear and make the inquest. And in the mean time they will entreat so much as in them lieth the parties to come to some composition and agreement among themselves, as lightly they do, except either the corruption of the inquest be too evident, or the one party is too obstinate and headstrong. And if the gentlemen do appear, gladlier they will confirm the first sentence, for the causes which I have said, than go against it. But if the corruption be too much evident, they will not stick to attaint the first inquest: yet after the gentlemen have attainted the yeomen, if before the sentence be given by the judge (which ordinarily for a time is differred) the parties be agreed, or one of them be dead, the attaint ceaseth.  
If at any time before the sentence be given or put in execution, there be found some such error in the writ, in the process, or form (as our lawyers be very precise and curious of their forms) that it may be revocable, it is brought afresh to the disputation by a writ of error, and all that is done reversed. But that is common to all other countries, where the civil law is used, which they call de nullitate processus, and serveth both in England and in other places aswell in causes criminal, as civil. Other kind of appellation to revoke processes, and to make them of short, long, of long, infinite, which is used by the civil law, we have not in our common law of England. By supplication to the Prince and complaint to the Chancellor upon supposal of loss or lack of evidence, or too much favour in the country, and power of the adversary, there is in our country as well as theirs both stopping and prolongation of justice. For what will not busy heads and lovers of trouble never being satisfied invent in any country to have their desire, which is to vex their neighbours, and to live always in disquiet? Men even permitted of God like flies, and lise, and other vermin to disquiet them, who would employ themselves upon better business and more necessary for the common wealth: these men are hated, and feared of their neighbours, loved and aided of them which gain by process, and wax fat by the expense & trouble of other. But as these men ordinarily spend their own thrift, and make others against their wills to spend theirs: so sometime being thoroughly known, they do not only live by the loss like evil husbands, but beside rebuke & shame, by the equity of the Prince and courts sovereign, they come to be extraordinarily punished, both corporally, & by their purse, which thing in my mind is as royal and princely an act, and so beneficial to the commonwealth, as in so small a matter a King or a Queen can do, for the repose and good education of their subjects.   

Of that which in England is called appeal, in other places accusation. CHAP. 3.  
IF any man hath killed my father, my son, my wife, my brother, or next kinsman, I have choice to cause him to be indicted, by giving information to the inquest of inquiry, (although he chance to escape the Constable or justices hands, and therefore not to be apprehended) and thereupon to procure him to be outlawed, or else within a year and a day I may enter my appeal, that is mine accusation against him. If I begun first to pursue him by information or denunciation to inditement, I am now no party but the Prince, who for his duty to God and his common wealth and subjects, must see justice executed against all malefactors & offenders against the peace, which is called Gods and his, & doth in such manner as I have said before. If I leave that and will appeal, which is proffer my accusation against him who hath done to me this injury, the defendant hath this advantage to put himself to the jury, which is to that which before is said to have that issue and trial by God and his country, 
In appeal the battle is tried by the parties only, and in writs of right by champions.  whereof the fashion I have at large declared: or to demand the trial by battle, wherein both the parties must either themselves in person, or else find other for them, who be called in our Law Champions or Campions, some doth interpret them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because they be men chosen, fat, lusty, fit to the feat, or as the French do term them adroicts aux arms, which shall fight it out by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or as now they do call it duellum, or the camp, which shall have all things equal: but according as Mars giveth the victory, so the Law is judged the one as peractus reus, the other is calumniator to suffer the pain of death. So that by the great assize there is no appellation but death or life to the defendant, but this is more dangerous and equal, for the one or the other must die. So it is not in the grand assize, for the reus or defendant is only in danger of death. Short it is from day to sun set, the quarrel is ended, or sooner who hath the better fortune. This seemeth very military (as in manner all our policy of England) and to have as small to do with Lawyers as with Physicians, quickly to dispatch, and for the rest to return, each man to his business, to serve the common wealth in his vocation. The Popes of Rome, and men of the Church who of long time have had dominion in our consciences, and would bring things to a more moderation, have much detected this kind of trial and judgement, as reason is every man misliketh that which is not like to his education, and cold reasoning by Theology and Philosophy: they I say much mislike many things done necessarily in hot policy. At the least a common wealth military must adventure many things to keep it in quiet, which cannot seem to precisely good to them which dispute thereof in the shadow and in their studies: Howsoever it be, this kind of trial of long time hath not been used. So that at this time we may rather seek the experience of it out of our histories of time passed, than of any view or sight thereof, of them which are now alive. Nevertheless the Law remaineth still, and is not abolished, and if it shall chance the murderer or manslayer (the one we call him that lieth in wait, and as they term it in French de guet appendent killeth the man, the other who by casual falling out and sudden debate and choler doth the same which way soever it be done) if he that hath slain the man, hath his pardon of the prince, as occasion or the favour of the Prince may so present, 
The battle or jury is at the election of the defendant  that he may have it, yet the party grieved hath these two remedies, I say to require justice by grand assize, or battle upon his appeal & private revenge, which is not denied him. And if the defendant either by great assize or by battle be convinced upon that appeal, he shall die, notwithstanding the Prince's pardon. So much favourable our Princes be, and the law of our Realm to justice and to the punishment of blood violently shed.   

Of the Court of Star Chamber. CHAP. 4.  
THere is yet in England an other court, of the which that I can understand there is not the like in any other Country. In the Term time (the Term time as I have heretofore showed, I call the time and those days when the Law is exercised in Westminster hall, which as I have said is but at certain times and terms) every week once at the least, which is commonly on Fridays, and Wednesdays, and the next day after that the term doth end, the Lord Chancellor, and the Lords and other of the privy Counsel, so many as will, and other Lords and Barons which be not of the privy Counsel, and be in the town, and the judges of England, specially the two chief judges, from ix. of the clock till it be xj. do sit in a place which is called the star chamber, either because it is full of windows, or because at the first all the roof thereof was decked with images of stars gilted. There is plaints heard of riots. Riot is called in our English term or speech, where any number is assembled with force to do any thing: and it had the beginning, because that our being much accustomed either in foreign wars, in France, Scotland, or Ireland, or being overmuch exercised with civil wars within the Realm (which is the fault that falleth ordinarily amongst bellicous nations) whereby men of war, Captains and soldiers become plentiful▪ which when they have no extern service wherewith to occupy their busy heads & hands accustomed to fight and quarrel, must needs seek quarrels and contentions amongst themselves, and become so ready to oppress right among their neighbours, as they were wont before with praise of manhood, to be in resisting injury offered by their enemies. So that our nation used hereunto, & upon that more insolent at home, and not easy to be governed by Law and politic order, men of power beginning many frays, and the stronger by factions and parties offering too much injury to the weaker, were occasions of making good Laws. First of retainers, that no man should have above a number in his Livery or retinue: then of the inquiry of routs and riots at every Sessions, and of the law whereby it is provided that if any by force or by riot enter upon any possessions, the justices of the peace shall assemble themselves & remove the force, & within certain time inquire thereof. And further, because such things are not commonly done by mean men, but by such as be of power & force, & be not to be dealt withal of every man, nor of mean Gentlemen: if the riot be found & certified to the King's Counsel, or if otherwise it be complained of, the party is sent for, 
Sent for by Sub poena.  and he must appear in this star chamber, where seeing (except the presence of the Prince only) as it were the majesty of the whole Realm before him, being never so stout, he will be abashed: and being called to answer (as he must come of what degree soever he be) he shall be so charged with such gravity, with such reason & remonstrance, and of those chief personages of England, one after an other handling him on that sort, that what courage soever he hath, his heart will fall to the ground, and so much the more, when if he make not his answer the better, as seldom he can in so open violence, he shallbe commanded to the Fleet, where he shall be kept in prison in such sort as these judges shall appoint him, lie there till he be weary aswell of the restraint of his liberty, as of the great expenses, which he must there sustain, and for a time be forgotten, whiles after long suit of his friends, 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 damages to the party, and yet the matter wherefore he attempteth this riot and violence is remitted to the common law. For that is the effect of this Court to bridle such stout noble men, or Gentlemen which would offer wrong by force to any manner men, and cannot be content to demand or defend the right by order of law. This court began long before, but took great augmentation and authority at that time that Cardinal Wolsey archbishop of York was Chancellor of England, who of some was thought to have first devised the Court, because that he after some intermission by negligence of time, augmented the authority of it, which was at that time marvelous necessary to do, to repress the insolency of the noble men and gentlemen of the North parts of England, who being far from the King and the seat of justice made almost as it were an ordinary war among themselves, and made their force their Law, banding themselves with their tenants and servants to do or revenge injury one against an other as they listed. This thing seemed not supportable to the noble prince King Henry the eight: and sending for them one after an other to his Court to answer before the persons before named, after they had had remonstrance showed them of their evil demeanour, and been well disciplined as well by words as by fleeting a while, and thereby their purse and courage somewhat assuaged, they began to range themselves in order, and to understand that they had a Prince who would rule his subjects by his laws and obedience. Sith that time this court hath been in more estimation, and is continued to this day in manner as I have said before.   

Of the Courts of Wards and Liveries. CHAP. 5.  
HE whom we call a ward in England, is called in Latin pupillus, and in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The guardian is called in Latin tutor, in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A ward or infant is taken for a child in base age, whose father is dead. The Romans made two distinctions pupillum & minorem, the one to xiiii, year old, the other was accounted from thence to xxv. And as pupillus had tutorem, so minor had curatorem till he came to the age of xxv. These tutors or curators were accountable for the revenues of the pupil's minors lands, & great provision and many laws and orders is made for them in the books of the civil Law, for rendering just & true accounts. So that to be a guardian or tutor was accounted among them to be a charge or trouble, a thing subject to much encumbraunce and small profit, so that diverse means were sought for, to excuse men from it. With us this is clean contrary, for it is reckoned a profit to have a ward. For the Lord of whom the ward doth hold the land, so soon as by the death of the father the child falleth ward unto him, he seizeth upon the body of the ward and his lands, of which (so that he doth nourish the ward,) he taketh the profit without accounts, and beside that offering to his ward covenable marriage without dispergement before the age of xxl. years if it be a man, or xiiii. if it be a woman. If the ward refuse to take that marriage, he or she must pay the value of the marriage, which is commonly rated according to the profit of his lands. All this while I speak of that which is called in French guard noble, 
Guardian in chivalry, and guardian in Socage.  that is of such as hold lands of other, by knight service, for that is an other kind of service which we call in French guard returier, we call it guard in socage, that is of such as do not hold by knight service, but by tenure of the plough. This wardship falleth to him who is next of the kin, and cannot inherit the land of the ward as the uncle by the mother's side, if the land do descend by the father and of the father's side, if the land descend by the mother. This guardian is accountable for the revenues and profits of the land, as the tutor by the civil Law to the ward or pupil so soon as he is of full age.  
The man is not out of wardship by our law till xxj. year old, from thence he is reckoned of full age, aswell as in the Roman laws at xxv. The woman at xiv. is out of ward, for she may have an husband able to do knights service say our books. And because our wives be in the power (as I shall tell you hereafter) of their husbands, it is no reason, she should be in two diverse guards.  
Many men do esteem this wardship by knights service very unreasonable and unjust, and contrary to nature, that a Freeman and Gentleman should be bought and sold like an horse or an ox, and so change guardians as masters and lords: at whose government not only his body but his lands and his houses should be, to be wasted and spent without accounts, and then to marry at the will of him, who is his natural Lord, or his will who hath bought him, to such as he like not peradventure, or else to pay so great a ransom. This is the occasion they say, why many gentlemen be so evil brought up touching virtue and learning, and but only in daintiness and pleasure: and why they be married very young and before they be wife, and many times do not greatly love their wives. For when the father is dead, who hath the natural care of his child, not the mother, nor the uncle, nor the next of kin, who by all reason would have most natural care to the bringing up of the infant and minor, but the Lord of whom he holdeth his land in knight's service, be it the King or Queen, Duke, marquess, or any other, hath the government of his body and marriage, or else who that bought him at the first, second or third hand. The Prince as having so many, must needs give or sell his wards away to other, and so he doth. Other do but seek which way they may make most advantage of him, as of an ox or other beast. These all (say they,) have no natural care of the infant, but of their own gain, and especially the buyer will not suffer his ward to take any great pains, either in study, or any other hardness, lest he should be sick and die, before he hath married his daughter, sister or cousin, for whose sake he bought him: and then all his money which he paid for him should be lost. So he, who had a father, which kept a good house, 
But the Lord shallbe punished for the waist, by loss of the ward: or triple damages, if that suffice not.  and had all things in order to maintain it, shall come to his own, after he is out of wardship, woods decayed, houses fallen down, stock wasted and gone, land let forth and ploughed to the barren, and to make amends, shall pay yet one years rend for relief and sue ouster le maind, beside other charges, so that not of many years and peradventure never he shall be able to recover, and come to the estate where his father left it. This as it is thought was first granted upon a great extremity to King Henry the 3. for a time upon the war which he had with his Barons, and afterward, increased, and multiplied to more and more persons and grievances, and will be the decay of the nobility and liberty of England, Other again say, the ward hath no wrong. For either his father purchased the land, or it did descend unto him from his ancestors with this charge. And because he holdeth by knights service, which is in arms and defence, seeing that by age he cannot do that whereto he is bound by his land, it is reason he answer that profit to the Lord, whereby he may have as able a man to do the service. The first knights in Rome, those that were chosen equites Romani, had equum publicum on which they served, and that was at the charge of widows and wards, as appeareth by Titus Livius, because that those persons could not do bodily service to the common wealth. Wherefore this is no new thing, but thought reasonable in that most wise common wealth, and to the prudent King Servius Tullius. As for the education of our common wealth, it was at the first militaire, and almost in all things the scope and design thereof is militaire. Yet was it thought most like, that noble men, good knights, and great captains would bring up their wards in their own feats and virtues, and then marry them into like race and stock where they may find and make friends, who can better look to the education or better skill of of the bringing up of a gentleman, than he who for his higher nobility hath such a one to hold of him by knight's service, or would do it better than he that looketh or may claim such service of his ward, when age and years will make him able to do it. That which is said that this manner of wardship began in the time of King Henry the 3. cannot seem true. For in Normandy and other places of France the same order is.  
And that statute made in King Henry the thirds time touching wards, to him that will weigh it well, may seem 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 convenient to dispute. This may suffice to declare the manner of it.   

Of wives and marriages. CHAP. 6.  
THe wives in England be as I said in potestate maritorum, not that the husband hath vitae ac necis potestatem, as the Romans had in the old time of their children, for that is only in the power of the Prince, and his laws, as I have said before, but that whatsoever they have before marriage, as soon as marriage is solemnished is their husbands, I mean of money, plate, evils, cat-tail, and generally all movables. For as for land and heritage followeth the succession, and is ordered by the law as I shall say hereafter: and what soever they get after marriage, they get to their husbands. They neither can give nor sell any thing either of their husbands, or their own. Theirs no movable thing is by the law of England constanti matrimonio, but as peculium servi aut filijfamilias: and yet in movables at the death of her husband she can claim nothing, but according as he shall will by his Testament, no more than his son can: all the rest is in the disposition of the executors if he die testate. Yet in London and other great cities they have that law and custom, that when a man dieth, his goods be divided into three parts. One third is employed upon the burial and the bequests which the testator maketh in his testament. another third part the wife hath as her right, and the third third part is the dew and right of his children, equally to be divided among them. So that a man there can make testament but of one third of his goods: if he die interstate, the funerals deducted the goods be equally divided between the wife and the children.  
By the common law of England if a man die intestate, the Ordinary (which is the Bishop by common intendment) sometime the Archdeacon, Dean, or prebendary by privilege and prescription, doth commit the administration of the goods to the widow or the child, or next kinsman of the dead, appointing out portions to such as naturally it belongeth unto, and the Ordinary by common understanding hath such gravity and discretion as shallbe meet for so absolute an authority for the most part, following such division as is used in London, either by thirds or halves. Our forefathers newly converted to the Christian faith had such confidence in their pastors & instructors, and took 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 seek no private profit to themselves thereby, that being once so ordained hath still so continued. The abuse which hath followed was in part redressed by certain acts of parliament made in the time of king Henry the eight, touching the probate of testaments committing of administration & mortuaries. But to turn to the matter which we now have in hand, the wife is so much in the power of her husband, that not only her goods by marriage are straight made her husbands, and she looseth all her administration which she had of them: but also where all English men have name and surname, as the Romans had, Marcus Tullius, Caius Pompeius, Caius julius, whereof the name is given to us at the font, the surname is the name of the gentility and stock which the son doth take of the father always, as the old Romans did, our daughters so soon as they be married lose the surname of their father, and of the family and stock whereof they do 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 own name and her father's surname, as soon as she is married to me she is no more called Philippe Wylford, but Philippe Smith, and so must she write and sign: and as she changeth husbands, so she changeth surnames, called always by the surname of her last husband. Yet if a woman once marry a Lord or a Knight by which occasion she is called my Lady with the surname of her husband, 
She is no Lady by the law although so called of courtesy.  if he die and she take a husband of a meaner estate by whom she shall not be called Lady (such is the honour we do give to women) she shall still be called Lady with the surname of her first husband and not of the second.  
I think among the old Romans those marriages which were made per coemptionem in manum and per aes and libram made the wife in manu & potestate viri, whereof also we had in our old law and ceremonies of marriage, a certain memory as a view and vestigium. For the woman at the Church door was given of the father or some other man next of her kin into the hands of the husband, and he laid down gold and silver for her upon the book, as though he did buy her, the priest belike was in steed of Lipripeus: our marriages be esteemed perfect by the law of England, when they be solemnished in the Church or Chapel, in the presence of the priest and other witnesses. And this only maketh both the husband and the wife capable of all the benefits which our law both give unto them and their lawful children. In so much that if I marry the widow of one lately dead, which at the time of her husbands death was with child, if the child be borne after marriage solemnished with me, this child shallbe my heir, and is accounted my lawful son, not his whose child it is in deed, so precisely we do take the letter where it is said, pater est quem nuptiae demonstrant. Those ways and means which justinian doth declare to make bastards to be lawful children, muliers or rather melieurs (for such a term our law useth for them which be lawful children) be of no effect in England, neither the Pope nor Emperor, nor the Prince himself never could there legitimate a bastard to enjoy any benefit of our law, the Parliament hath only that power.  
Although the wife be (as I have written before) in manu & potestate mariti, by our law yet they be not kept so straight as in mew and with, a guard as they be in Italy and Spain, but have almost as much liberty as in France, and they have for the most part all the charge of the house and household (as it may appear by Aristotle and Plato the wives of the Greeks had in their time) which is in deed the natural occupation, exercise, office and part of a wife. The husband to meddle with the defence either by law or force, and with all foreign matters which is the natural part and office of the man, as I have written before. And although our law may seem somewhat rigorous towards the wives, yet for the most part they can handle their husbands so well and so doulcely and specially when their husbands be sick: that where the law giveth them nothing, their husbands at their death of their good will give them all. And few there be that be not made at the death of their husbands either sole or chief executrixes of his last will and testament, and have for the most part the government of the children and their portions: except it be in London, where a peculiar order is taken by the city much after the fashion of the civil law.  
All this while I have spoken only of movable goods: 
It is avoidable after the husbands death, except it be for xxi. years or three lives according to the statute, or except they levy a fine.  if the wife be an enheretrix & bring land with her to the marriage, that land descendeth to her eldest son, or is divided among her daughters. Also the manner is, that the land which the wife bringeth to the marriage or purchaseth afterwards, the husband can not sell nor alienate the same, no not with here consent, nor she herself during the marriage, except that she be sole examined by a judge at the common law: and if he have no child by her and she die, the land goeth to her next heirs at the common law: but if in the marriage he have a child by her which is heard once to cry, whether the child live or die, the husband shall have the usufruite of her lands, that is the profit of them during his life, and that is called the courtesy of England.  
Likewise if the husband have any land either by inheritance descended or purchased and bought, if he die before the wife, she shall have the usufruite of one third part of his lands. 
She shallbe endowed at the discretion of the sheriff, except in few cases.  That is, she shall hold the one third part of his lands during her life as her dowry, whether he hath child by her or no. If he hath any children, the rest descendeth straight to the eldest: if he hath none, to the next heir at the common law: and if she mislike the division she, shall ask to be endowed of the fairest of his lands to the third part.  
This which I have written touching marriage and the right in movables and unmovables which cometh thereby, is to be understood by the common law when no private contract is more particularly made. If there be any private pacts, covenants, and contracts made before the marriage betwixt the husband and the wife, by themselves, by their parents, or their friends, those have force and be kept according to the firmity and strength in which they are made. And this is enough of wives and marriage.   

Of Children. CHAP. 7.  
OUr children be not in potestate parentum, as the children of the Romans were: but as soon as they be puberes, which we call the age of discretion, before that time nature doth tell they be but as it were parts parentum. That which is theirs they may give or sell, & purchase to themselves either lands and other movables the father having nothing to do therewith. And therefore emancipatio is clean superfluous, we know not what it is. Likewise sui heredes complaints, the in-officioso testamento or praeteritorum liberorum non emancipatorum have no effect nor use in our law, nor we have no manner to make lawful children but by marriage, and therefore we know not what is adoptio nor arrogatio. The testator disposeth in his last will his movable goods freely as he thinketh meet and convenient without controlment of wife or children. And our testaments for goods movable be not subject to the ceremonies of the civil law, but made with all liberty and freedom, and iure militari. Of lands as ye have understood before, there is difference: for when the owner dieth, his land descendeth only to his eldest son, all the rest both sons & daughters have nothing by the common law, but must serve their eldest brother if they will, or make what other shift they can to live: except that the father in life time do make some conveyance and estates of part of his land to their use, or else by devise, which word amongst our lawyers doth betoken a testament written, sealed and delivered in the life time of the testator before witness: for without those ceremonies a bequest of lands is not available. But by the common law if he that dieth hath no sons but daughters, the land is equally divided among them, which portion is made by agreement or by lot. Although as I have said ordinarily and by the common law, the eldest son inheriteth all the lands, yet in some countries all the sons have equal portion, and that is called ganelkinde, and is in many places in Kent. In some places the youngest is sole heir: and in some places after an other fashion. But these being but particular customs of certain places and out of the rule of the common law, do little appertain to the disputation of the policy of the whole Realm, and may be infinite. The common wealth is judged by that which is most ordinarily and commonly done through the whole Realm.   

Of Bondage and Bondmen. CHAP. 8.  
AFter that we have spoken of all the sorts of free men according to the diversity of their estates and persons, it resteth to say somewhat of bondmen which were called servi, which kind of people & the disposition of them and about them doth occupy the most part of justinian's Digests, and Code. The Romans had two kinds of bondmen, the one which were called servi, and they were either which were bought for money, taken in war, left by succession, or purchased by other kind and lawful acquisition, or else borne of their bond women and called vernae: all those kind of bondmen be called in our law villains in gross, as ye would say immediately bond to the person and his heirs. An other they had as appeareth in justinian's time, which they called adscripticij glebae or agri censiti. These were not bond to the person, but to the manor or place, and did follow him who had the manors, & in our law are called villains regardants, for because they be as members, or belonging to the manor or place. Neither of the one sort nor of the other have we any number in England. And of the first I never knew any in the realm in my time: of the second so few there be, that it is not almost worth the speaking. But our law doth acknowledge them in both those sorts. Manumission of all kind of villains or bondmen in England is used and done after diverse sorts, and by other and more light and easy means than is prescribed in the civil law, and being once manumitted, he is not libertus manumittentis, but simply liber: howbeit sith our Realm hath received the Christian religion which maketh us all in Christ brethren, and in respect of God and Christ conseruos, men began to have conscience to hold in captivity and such extreme bondage him whom they must acknowledge to be his brother, and as we use to term him Christian, that is who looketh in Christ and by Christ to have equal portion with them in the Gospel and salvation. Upon this scruple, in continuance of time, and by long succession, the holy fathers, monks and Friars in their confession, and specially in their extreme & deadly sicknesses, burdened the consciences of them whom they had under their hands: so that temporal men by little and little by reason of that terror in their conscience, were glad to manumit all their villains: but the said holy fathers, with the Abbots and Priors, did not in like sort by theirs, for they had also conscience to impoverish and despoil the Churches so much as to manumit such as were bond to their Churches, or to the manors which the Church had gotten, and so kept theirs still. The same did the Bishops also till at the last and now of late some Bishops to make a piece of money manumitted theirs partly for argent, partly for slanders, that they seemed more cruel than the temporalty: after the monasteries coming into temporal men's hands have been occasion that now they be almost all manumitted. The most part of bondmen when they were, yet were not used with us so cruelly nor in that sort as the bondmen at the Roman civil law, as appeareth by their Comedies, nor as in Gréece as appeareth by theirs: but they were suffered to enjoy coppieholde land to gain and get as other serves that now and then their Lords might fleece them and take a piece of money of them, as in France the Lords do tail them whom they call their subjects at their pleasure, and cause them to pay such sums of money as they list to put upon them. I think both in France and England the change of religion to a more gentle, human and more equal sort (as the christian religion as in respects of the Gentiles) caused this old kind of servile servitude and slavery to be brought into that moderation, for necessity first to villains regardants, and after to servitude of lands and tenors, and by little and little finding out more civil and gentle means and more equal to have that done which in time of heathenness servitude or bondage did, they almost extinguished the whole. For although all persons christians be brethren by baptism in jesus Christ, and therefore may appear equally free: yet some were and still might be christianed being bond and serve, and whom as the baptism did find so it did leave them, for it changeth not civil laws nor compacts amongst men which be not contrary to God's laws, but rather maintaineth them by obedience. Which seeing men of good conscience having that scruple whereof I wrote before, have by little and little found means to have and obtain the profit of servitude and bondage which gentility did use and is used to this day amongst Christians on the one part, and Turks and Gentiles on the other part, when war is betwixt them upon those whom they take in battle. Turks and Gentiles I call them, which using not our law the one believeth in one God, the other in many gods, of whom they make Images. For the law of jews is well enough known, & at this day so far as I can learn, amongst all people jews be holden as it were in a common servitude, and have no rule nor dominion as their own prophecies do tell that they should not have after that Christ was promised to them, was of them refused for when they would not acknowledge him obstinately for, taking their help in soul for the life to come and honour in this world for the time present not taking the good tidings, news, and evangill brought to them for their disobedience by the great grace of God, and by the promise of the Prophets fructified in us which be Gentiles and brought forth this humanity, gentleness, honour and godly knowledge which is seen at this present. But to return to the purpose.  
This persuasion I say of Christians not to make nor keep his brother in Christ, servile, bond and underling for ever unto him, as a beast rather than as a man, and the humanity which the Christian religion doth teach, hath engendered through Realms not near to Turks and Barbarians, a doubt, a conscience and scruple to have servants and bondmen: yet necessity on both sides, of the one to have help, on the other to have service, hath kept a figure or fashion thereof. So that some would not have bondmen, but ascripticij glebae, and villains regardant to the ground, to the intent their service might be furnished, and that the country being evil, unwholesome, and other wise barren, should not be desolate. Others afterwards found out the ways and means, that not the men but the land should be bound and bring with it such bondage and service to him that occupieth it, as to carry the lords dung unto the fields, to plough his ground at certain days, sow, reap, come to his Court, swear faith unto him, and in the end to hold the land but by copy of the Lords court roll, and at the will of the Lord. This tenure is called also in our law, villain, bond, or servile tenure: yet to consider more deeply all land, even that which is called most free land, hath a bondage annexed unto it, not as naturally the lower ground, must suffer and receive the water and filth which falleth from the higher ground, nor such as justinian speaketh of de seruitudinibus praediorum rusticorum & urbanorum, but the land doth bring a certain kind of servitude to the prossessor. For no man holdeth land simply free in England, but he or she that holdeth the Crown of England: all others hold their land in fee, that is upon a faith or trust, and some service to be done to an other Lord of a manor as his superior, and he again of an higher Lord, till it come to the Prince & him that holdeth the Crown. 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 understood to be holden of the Crown, and in capitie, which is much like to knight's service, and draweth unto it three services, homage, ward and marriage: That is, he shall swear to be his man, and to be true unto him of whom he holdeth the land. His son who holdeth the land after the death of his father, shall be married where it pleaseth the Lord. He that holdeth the land most freely of a temporal man (for frank almose and frank marriage hath an other cause and nature) holdeth by fealty only, which is, he shall swear to be true to the Lord, and do such service as appertaineth for the land which he holdeth of the Lord. So that all free land in England is holden in fee or feodo, which is as much to say as in fide or fiducia: That is, in trust and confidence, that he shall be true to the Lord of whom he holdeth it, pay such rents, do such service, and observe such conditions as was annexed to the first donation. Thus all saving the Prince be not viri domini, but rather fiduciary domini, & possessores: This is a more likely interpretation than that which Litleton doth put in his book, 
Litleton did not interpret the word feodu simply, but rather define or describe the nature thereof.  who saith that feodum idem est quod haereditas, which it doth betoken in no language. This happeneth many times to them who be of great wit and learning, yet not seen in many tongues, or marketh not the deduction of words which time doth alter. 
Litleton seen in the tongues as Sir Thomas Smith was in Litleton.  Fides in Latin the Goths coming into Italy and corrupting the language, was turned first into feed, and at this day in Italy they will say in fide, en fede or ala fe. And some uncunning Law●ers that would make a new barbarous latin word to betoken land given in fidem, or as the Italian saith in feed, or fe, made it in feudum or feodum. The nature of the word appeareth more evident 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 deceived in withernam, & diverse other old words. This withernam he interpreteth vetitum navium, in what language I know not: whereas in truth it is in plain dutch and in our old Saxon language, wither nempt, alterum accipere, iterum rapere, a word that betokeneth that which in barbarous Latin is called represalia, when one taking of me a distress, which in Latin is called pignus, or any other thing, and carrying it away out of the jurisdiction wherein I dwell, I take by order of him that hath jurisdiction, an other of him again or of some other of that jurisdiction, and do bring it into the jurisdiction wherein I dwell, that by equal wrong I may come to have equal right. The manner of represalia, and that we call withernam, is not altogether one: But the nature of them both is as I have described, and the proper signification of the words do not much differ. But to return thither where we did digress: ye see that where the persons be free, and the bodies at full liberty and maximè ingenui▪ yet by annexing a condition to the land, there is means to bring the owners and possessors thereof into a certain servitude or rather libertinitie: That the tenants beside paying the rent accustomed, shall owe to the Lord a certain faith, duty, trust, obedience, and (as we term it) certain service as libertus, or cliens patrono: which because it doth not consist in the persons, for the respect in them doth not make them bond, but in the land and occupation thereof, it is more properly expressed in calling the one tenant, the other Lord of the fee, than either libertus or cliens can do the one, or patronus the other: for these words touch rather the persons, and the office and duty between them, than the possessions. But in our case leaving the possession and land, all the obligation of servitude and service is gone.  
another kind of servitude or bondage is used in England for the necessity thereof, which is called apprenticehoode. But this is only by covenant, and for a time, & during the time it is vera servitus. For whatsoever the apprentice getteth of his own labour, or of his master's occupation or stock, he getteth to him whose apprentice he is, he must not lie forth of his master's doors, he must not occupy any stock of his own, nor marry without his master's licence, and he must do all servile offices about the house, and be obedient to all his master's commandments, and shall suffer such correction as his master shall think meet, and is at his master's clothing and nourishing, his master being bound only to this which I have said, and to teach him his occupation, and for that he serveth, some for seven. or viii. years, some ix. or x. years as the masters and the friends of the young man shall think meet or can agree: altogether (as Polidore hath noted) quasi pro emptitio servo: nevertheless that neither was the cause of the name apprentice, neither yet doth the word betoken that which Polydore supposeth, but it is a French word, and betokeneth a learner or scholar. Apprendre in French is to learn, and apprentice is as much to say in French (of which tongue we borrowed this word and many more other) as discipulus in Latin: likewise he to whom he is bound, is not called his Lord but his master, as ye would say his teacher. And the pactions agreed upon, be put in writing, signed and sealed by the parties, and registered for more assurance: without being such an apprentice in London, and serving out such a servitude in the same City for the number of years agreed upon, by order of the City amongst them, no man being never so much borne in London, and of parents londoners is admitted to be a Citizen or free man of London: the like is used in other great Cities of England. Besides apprentices, others be hired for wages, and be called servants or serving men and women throughout the whole Realm, which be not in such bondage as apprentices, but serve for the time for daily ministry, as servi and ancillae did in the time of gentility, and be for other matters in liberty as full free men and women.  
But all servants, labourers and others not married, must serve by the year: and if he be in covenant, he may not departed out of his service without his master's licence, and he must give his master warning that he will departed one quarter of a year before the term of the year expireth, or else he shallbe compelled to serve out an other year. And if any young man unmarried be without service, he shallbe compelled to get him a master whom he must serve for that year, or else he shallbe punished with stocks and whipping as an idlè vagabond. And if any man married or unmarried, not having rend or living sufficient to maintain himself, do live so idly, he is inquired of, and sometime sent to the jail, sometime otherwise punished as a sturdy vagabond: so much our policy doth abborre idleness. This is one of the chief charges of the justices of peace in every Shire. It is taken for ungentleness and dishonour, and a show of enmity, if any gentleman do take an other gentleman's servant (although his master hath put him away) without some certificate from his master either by word or writing, that he hath discharged him of his service. That which is spoken of men servants, the same is also spoken of women servants. So that all youth that hath not sufficient revenues to maintain itself, must needs with us serve, and that after an order as I have written. Thus necessity & want of bondmen hath made men to use freemen as bondmen to all servile services: but yet more liberally and freely, and with a more equality and moderation, than in time of gentility slaves and bondmen were wont to be used, as I have said before. This first and latter fashion of temporal servitude, and upon paction is used in such countries, as have left off the old accustomed manner of servants, slaves, bondmen and bondwomen, which was in use before they had received the Christian faith. Some after one ●ort, and some either more or less rigorously, according as the nature of the people is inclined, or hath devised amongst themselves for the necessity of service.   

Of the Court which is Spiritual or Ecclesiastical, and in the book of Law, Court Christian, or Curia Christianitatis. CHAP. 9  
THe archbishops and Bishops have a certain peculiar jurisdiction unto them especially in four manner of causes: Testaments and legations, Tithes and mortuaries, marriage and adultery or fornication, and also of such things as appertain to orders amongst themselves and matters concerning religion. For as it doth appear, our ancestors having the common wealth before ordained & set in frame, when they did agree to receive the true and Christian religion, that which was established before, and concerned extern policy (which their Apostles, Doctors and Preachers did allow) they held and kept still with that which they brought in of new. And those things in keeping whereof they made conscience, they committed to them to be ordered and governed as such things, as of which they had no skill, as to men in whom for the holiness 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 manner of the law civil or rather common by citation, libel, contestationem litis, examination of witnesses privily, by exceptions, replications apart and in writing, allegations, matters by sentences given in writing, by appellations from one to an other as well a gravamine as a sententia definitiva, and so they have other names, as Proctor, Advocates, Assessors, Ordinaries, and Commissaries, etc. far from the manner of our order in the common law of England, and from that fashion which I have showed you before. Wherefore if I say the testament is false and forged, I must sue in the spiritual law, so also if I demand a legacy: but if I sue the executor or administrator (which is he in our law, who is in the civil law baeres or bonorum mobilium possessor ab intestato) for a debt which the dead ought me, I must sue in the temporal court. These two courts the temporal and the spiritual be so divided, that who so ever sueth for any thing to Rome or in any spiritual court for that cause or action which may be pleaded in the temporal court of the Realm, 
Which ought to be tried in the temporal court.  by an old law of England he falleth into a praemunire, that is he forsetteth all his goods to the Prince, and his body to remain in prison during the Prince's pleasure: and not that only, but the judge, the scribe, the procurer and assessor which receiveth and doth maintain that usurped pleading doth incur the same danger. Whether the word praemunire doth betoken that the authority & jurisdiction of the realm is provided for before and defended by that law, and therefore it hath that name praemunire or praemuniri, or because that by that law such an attemture hath had warning given before to him of the danger into which he falleth by such attempt, and then praemunire is barbarously written for praemonere, praemoneri, (as some men have held opinion) I will not define, the effect is as I have declared: and the law was first made in king Richard the seconds time, and is the remedy which is used when the spiritual jurisdiction will go about to encroach any thing upon the temporal courts. Because this court or form which is called curia christianitatis, is yet taken as appeareth for an extern and foreign court, and differreth from the policy and manner of government of the Realm, 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, authority, rule and jurisdiction, from the royal majesty and the crown of England & from no other foreign potentate or power under God (which being granted, as indeed it is true) it may now appear by some reason that the first statute of praemuni●e whereof I have spoken, hath now no place in England, seeing there is no pleading alibi quam in curia regis ac reginae.  
I have declared summarily as it were in a chart or map, or as Aristotle termeth it, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the form and manner of the government of England, and the policy thereof, and set before your eyes the principal points wherein it doth differ from the policy or government at this time used in France, Italy, Spain, Germany and all other countries, which do follow the civil law of the Romans compiled by justinian into his pandects and code: not in that sort as Plato made his common wealth, or Zenophon his kingdom of Persia, nor as Sir Thomas More his Utopia being feigned common wealths such as never was nor never shall be, vain imaginations, fantasies of Philosophers to occupy the time and to exercise their wits: but so as England standeth and is governed at this day the xxviij of March Anno 1565. in the seven year of the reign and administration thereof by the most virtuous and noble Queen Elizabeth, daughter to King Henry the eight, and in the one & fiftéeth year of mine age, when I was ambassador for her majesty in the court of France, the sceptre whereof at that time the noble Prince and of great hope Charles Maximilian did hold, having then reigned iiij years. So that whether I writ true or not, it is easy to be seen with eyes (as a man would say) and felt with hands. Wherefore this being as a project or table of a common wealth truly laid before you, not feigned by putting a case: let us compare it with common wealths, which be at this day in esse, or do remain described in true histories, especially in such points wherein the one differeth from the other, to see who hath taken the righter, truer, and more commodious way to govern the people aswell in war as in peace. This will be no illiberal occupation for him that is a Philosopher and hath a delight in disputing, nor unprofitable for him who hath to do & hath good will to serve the Prince and the common wealth in giving counsel for the better administration thereof.  
Thomas Smyth.  
FINIS.