THE COMMONWEALTH OF ENGLAND, AND MANNER OF GOVERNMENT THEREOF.  
Compiled by the honourable Sir Thomas Smith, Knight, Doctor of both laws, and one of the principal Secretaries unto two most worthy Princes, King EDWARD, and Queen ELIZABETH: With new additions of the chief Courts in England, the offices thereof, and their several functions, by the said Author: Never before published.  
Seen and allowed.  
INVIDIA SIBI ET ALIIS VENEMUM  
AT LONDON Imprinted by john Windet for Gregory Seton, and are to be sold at his shop under Aldersgate. 1589.   

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, & of all wise men was accounted undutifulness, unkindness and impiety unto that Commonwealth, in the which, and unto the which were both bread 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 Smith, 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, as well 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 and rashness of Scribes, appearing in the contrariety, and corruption of copies, happening both by the length of time since 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, and the recompense deserved by the other would easily countervail all faults committed by a Clerk and writer. And whereas some terms or other matters may seem to descent from the usual phrase of the common laws of this Realm: notwithstanding, 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, and also that the finishing of this work was in France far from his Library, and in an embassage even in the midst of weighty affairs, it cannot nor aught 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 workemaster, and forged of pure and excellent metal, will not fail in proving to be a right commodious instrument.  
Vale.   

THE MANNER OF GOVERNMENT OR POLICY OF THE REALM OF ENGLAND.  

Of the diversities of common Wealths or government. Chapter 1.  
THey that have written heretofore of commonwealths, 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the second, 
Monarchia.  where the smaller number, commonly called of them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and the third where the multitude 
Aristocratia. Democratia.  doth rule 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 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.  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, (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 as well 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 commonwealths. CHAP. 3.  
BUt this matter yet taketh an other doubt: for of these manner of rulings by one, by the fewer part, & by the multitude or greater number, they which have more methodically, and more distinctly & 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 Commonwealth 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 Commonwealths 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 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, idpopulum teneat: And the ruling and usurping of the popular and rascal, as a little before Sylla his reign, & 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 & turmoils of sickness and 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 and 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 aught to maintain and obey them, or to seek by all means to abolish them? which great and haughty courages have often attempted: as Dion to rise up against Dionysius, Thrasibulus against the xxx. 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 four 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 melancholic: 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 another, & 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 state of a king, who by succession or election, cometh with the good will of the people, to that government, and doth administer the Commonwealth by the laws of the same, and by equity, and doth seek 
Rex.  the profit of the people as much as his own. 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 
Tyrannus.  and consent of the people, and regardeth not the wealth of his Commons, but the advancement of himself, his faction and kindred. These definitions do contain three differences: the obtaining of the authority, the manner of administration thereof, and 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, and a king in the administration thereof. As a man may think of Octanius, and peradventure of Sylla. For they both conming by tyranny and violence to that state, did same to travail very much for the better order of the commonwealth: how be it either of them after a divers manner. Another 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 and 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 and abrogate laws and edicts, lay on tributes and impositions of their own will, or by the private counsel & advise of their friends and favourers only, without the consent of the people. 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 Lewes 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, as well 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) can not abide or bear long that absolute and uncontrolled authority, without swelling into too much pride and insolency. And therefore the Romans did wisely, who would not suffer any man to keep the Dictatorship above six months, 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 and 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 excellency 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, and the other Judges, as Samuel, etc. Romulus and Numa amongst the Romans, Lycurgus and Solon and divers other among the Greeks, Zamolxis among the Thracians, Mahomet among the Arabians: And this kind of rule among the Greeks is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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, waxed insolent and 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 aught 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, and 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 of king, and th'administration of England. CHAP. 9  
THat which we call in one syllable king in English, the old Englishmen, and the Saxons, from whom our tongue is derived, to this day call in two syllables, cyning, which whether it cometh of cen or ken, which betokeneth to know and understand, or can, which betokeneth to be able, or to have power, I cannot tell. The participle absolute of the one we use yet, as when we say, a cunning man, Vir prudens, aut sciens: the verb of the other, as I can do this, possum hoc facere. By old and ancient histories that I have read, 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 the one with the other, 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 hands of the Emperor 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, & so it is kept and 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 witness) 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, & 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 
Respublica.  to make a third division of the Common wealth by the parts thereof. 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 as well 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) five thousand, or ten thousand bondmen whom he ruled well, though they dwelled all in one City, or were distributed into divers 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 slave is as it were (saving life and human reason) but the instrument of his Lord, as the axe, the saw, the chessyll and gowge is of the Carpenter. Truth it is, the Carpenter 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 the one and the other. And (as he 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 he 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 Commonwealth 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 freemen, the lest 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 divers 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 nutriture 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, and spending. The women 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 and 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, and the best do govern, and where not one always: but sometime, and in some thing one, and 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 
Domus, seu familia.  they two together rule the house. The house I call here the man, the woman, their children, their servants 〈◊〉 and free, their cattles, 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 and multiplying by generation, so that it cannot well be comprehended in one habitation, and the children waxing bigger, stronger, wiser, and thereupon naturally desirous 
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, and may live though it be cut clean from the first root or stock. Pagus. Oppidum. Civitas. Regnum.  to rule, the father and mother sendeth them out in couples as it were by provining or propagation. And the child by marriage beginneth as it were to root towards the making of a new stock, and thereupon another 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 offspring 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 the one to the other, between whom (as many times it fareth with brethren) some strifes and brawlings had before arisen: To defend themselves yet from them which were Walsh and strangers, 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 and fault) amended it. And in the mean while, at divers 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 descendants 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 the other 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 & maintain their posterity, as their sons and nephews, and such as should succeed them, and carry their names when they were dead, and so tender 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 CHAP. 14.  
NNow, 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 commonwealth. For whosoever came of that old great Grandfather's race, he accounted himself as good of birth as any other. For service to the commonwealth, 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 masters over them, and ruinated them wholly. Whereupon necessarily it came to pass, that the common wealth must turn and altar 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 the 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 Respublica 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 fit and 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 wax 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 one 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, 
Graeci. Romani Samnites. Vandali. Dani. Norwegi. Sueti.  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, Uandalles, and others. Yet must you not think that all common wealths, administrations and rulings, 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 divers nations and languages, liking the place which he hath by force conquered, tarrieth there, and 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 another head & king, or divide it into more heads and rulers, so did the Lumbards' in Italy, and the Saxons in England: or take at the first a common rule and popular estate, as the Switzers did in their cantons, and do yet at this day, or else admit the rule of a certain few, excluding the multitude and commonalty, as the Paduans, Ueronenses, and Uenetians have accustomed.   

The division of the parts and persons of the Commonwealth. 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, and the multitude of the streets and villages make towns, and the multitude of towns the realm, & that freemen be considered only in this behalf, as subjects and citizens of the commonwealth, and not bondmen, who can bear no rule nor jurisdiction over fréeméns, 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 & children, and not to meddle with matters abroad, nor to bear office in a city or commonwealth 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 and 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 s●re 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 commonwealth 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 Patrity and plebei, the one striving with the other a long time, the patrity many years excluding the plebei 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 populaire, or gentiles homes & villainies: we in, England divide our men commonly into four sorts, Gentlemen, Citizens, yeomen, artifiters, and labourers. Of gentlemen the first and chief are the king, the prince, dukes, marquifes, earls, viscounts, barrens, 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 England, called Nobilitas maior. CHAP. 17.  
Duke's, marquises, earls, viscounts, and barons, either 
Nobilitas maior. Elder sons of dukes are not earls by birth, but lords and take their place above earls; and so are earls eldest sons in respect o● barons.  be created by the Prince, or come to that honour by being the eldest sons, as highest and next in succession to their Parents. For the eldest of Duke's sons during his father's life is called an Earl: an Earl's 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: 
Esquires of honour, or Lords.  the rest of the sons of the Nobility, by the rigour of the law be but Esquires, 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 baronies or degree of Lords doth answer to the dignity of the Senators of Rome, and the title of our Nobility to their patricii: when patricii did betoken senatores, aut Senatorum filios. Census Senatorum was in Rome, at divers times divers, and in England no man is created a Baron, except he may dispend of yearly revenue one thousand pounds, or one thousand marks at the lest. viscounts, Earls, Marquises and Dukes more, according to the proportion of the degree & 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 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, and 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 king's 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 Romans, 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 another, not nor long time any one common wealth with itself. For all changeth continually to more or less, and still to divers and divers orders, as the diversity of times do present occasion, & the inutabilitie of men's wits doth invent and assay new ways, to reform and amend that wherein they do find fault. Equites Romani, were chosen ex censu, that 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. Not more are all made knights in England that may dispend a knight's 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 divers value: but in England whosoever may dispend of his free lands forty pounds 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 and 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 that honour and yet have ability, neither be made knights, though they would, and yet pay the fine of xl. l. sterling, at that time when this order began, which 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 writ 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, and other gentlemen, with citizens, burgesses and 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 another 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 & 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, 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 and 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, and the Latin 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, & at his arising the Prince saith, avauncér. This is the manner of dubbing of knights at this present: and that term dubbing, was the old term in this point, & not creation. At the coronation of a king or Queen, there be knights of the bath made, with long & more curious ceremonies. Knight's bannerets are made in the field, with the ceremony of cutting off the point of his standard, and making it as it were a banner: he being before a bachelor knight, is now of a greater degree, allowed to display his arms in a banner as Barons do. But this order is almost grown out of use in England. But how soever one be dubbed or made a knight, his wife is by and by called a Lady, as well as a Baron's 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, 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 and heroical, to wear at high feasts, as to so high and princely an order was meet: of which order he and his successors 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 Commonwealth, 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 Latins 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 lesser 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 fame 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 served the efficacy of the word. Gens in Latin betokeneth the race and surname, so the Romans had Cornelio's, Sergios, Appios, Fabios, Armilios, Pisones, julios, 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 discendants could make the other to be. Thus the Cicerones, Gatones, and Marij had much a do with those ancients, and therefore said Juvenalis:  

Malo pater tibi sit Thersites, dummodo tu sis  
Aeacidi similis vulcaniaque arma capessas,  
Quám 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 easier 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 and neighbours to such noblemen and Gentlemen, of whom they hold, and by whom they do devil, which prieketh forward to ensue in their father's steps. So if 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 commonwealth 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 and dukes, where he seeth virtue able to bear that honour or merits, and deserves it, and so it hath always been used among us. But ordinarily the K. doth only make knights, & created barons, or higher degrees: for as for gentlemen, they be made good cheap in England. For who soever studieth the laws of the realm, who studieth in the Universities, who professeth 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 aliis, 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 writ 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 and arms, giveth to him 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 not, & for my part I am of that opinion that it is not amiss. For first the prince looseth nothing by it, as he should do if it were as in France: for the yeoman or husbandman is no more subject to tail or tax in England than the gentleman: not, 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 (what soever it cost him) array himself, and arm him according to the vocation which he pretendeth: he must show also a more manly courage, and 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 Commonwealth 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 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 hear the charges. But these Citizens and Burgesses, be to serve the common wealth, in their cities and burrows, or in corporate towns where they dwell. Generally in the shires 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 four, and each borrow two, to have voices in it, and to give their consent or descent, in the name of the city or borough 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) vi. 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, and 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, and 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 laws 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 writ 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 nxet unto Gentlemen. These are they which old Cato calleth Aratores, and optimos cives in Republica, and such as of whom the writers of commonwealths 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 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 contained 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 hard 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 profession of knowledge of war. These were the good archers in times past, and the stable troop of footmen that afraid 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 sing of cowardice or abandon the Lord, Knight or Gentleman 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 yeomen 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 among their horsemen. Each Prince 
Geman in the Saxon is a married man, and hereof cometh our yeoman, for after marriage men are accounted settled members in the common wealth, but not before. A younker cometh of young heir which is a son & heir to a gentleman or a young gentleman.  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 yeoman 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 some 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, they calling so in wars by mockage or in sport the one an other, when they came 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 Dutchmen.   

Of the fourth sort of men which do not rule. CHAP. 21.  
THe fourth sort or class amongst us, is of those which the old Romans called capite censii proletary or operae, day labourers, poor husbandmen, yea merchants, or retailers which have no free land, copiholders, and all Artificers, as Tailors, Shoemakers, Carpenters, Brickmakers, Bricklayers, Masons, etc. These have no voice nor authority in our Commonwealth, 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 Commonwealth, 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, and 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 Gentletlemen.  
The third and last fort of persons is named the yeomanry: Each of these hath his part and administration in judgements, 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.  

The division and definition of the Laws of this Realm in general. CHAP. 1.  
THe laws of England consist in two points. Judgement and practise.  
In Judgement are considered the Persons. Place. Matter, and Manner.  
The persons in judgement are the Judges in their courts. sergeants and Counsellors.  
In practice are considered the Persons, and their Office.  
The persons are Protonotharies. Solicitors, and Attorneys.  
Their office is to prepare the matter, and to make it ready for the Judges to determine.  
The Protonotharies are the Clerks in the Court which do record the matters hanging in judgement, and do frame the pleading, enter the rules and orders of the Court, the verdites and judgements given in the same.  
Solicitors are such, as being learned in the laws, and informed of their master's cause, do inform and instruct the Counsellors in the same.  
attorneys are such as by experience have learned, and do know the orders and manner of proceeding in every Court where they serve, & do purchase out writs and process belonging to their Client's cause. They see to his suits, that he be not hindered by negligence. They pay the fees belonging to the Courts, and prepare the cause for judgement.  
The places for judgement are the courts where sentence is given, and the Laws made: as, the Parliament, Chancery, King's bench, the Common-pleas, the Exchequer, the court of Wards, the star-chamber, the Court of Requests, and the Duchy Court of Lancaster.  
The matter of the Law is Justice. and Equity.  
The manner of their several proceedings, followeth.   

Of the Parliament, and the authority thereof. CHAP. 2.  
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 and consultation where the Prince is to give life, and the last and hig●●● commandment, the Barronnie for the Nobility and higher: the Knights, Esquires, Gentlemen and Commons for the lower part of the commonwealth, 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 order for things past, and for things hereafter to be followed, changeth rights and possessions of private men, legitimateth 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 made, 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 〈◊〉 trial. And to be short, all that ever the people of Ro●● might do, either in Centuriatis comitijs, or tributis, the same may be done by the Parliament of England, which representeth, and hath the power 
Alias Tribunitiis.  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 attorney, 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 Judges in Parliament are the king 〈…〉 mes Majesty, the Lords temporal and spiritual, the Commons represented by the Knights and Burgesses of every Shire and Borough Town. These all, or the greater part of them, and that with the consent of the Prince for the time being, must agree to the making of Laws.  
The officers in Parliament are the Speakers, two Clerks, the one for the higher house, the other for the lower, and the Committees.  
The Speaker is he that doth commend and prefer the bills exhibited into the Parliament, and is the mouth of the Parliament. He is commonly appointed by the King or Queen, though accepted by the assent of the house.  
The Clerks are the keepers of the Parliament Rolls and Records, and of the Statutes made, & have the custody of the private Statutes not printed.  
The Committees are such as either the Lords in the higher house, or Burgesses in the lower house, do choose to frame the Laws upon such bills as are agreed upon, and afterward to be ratified by the said houses.   

The form of holding the Parliament. CHAP. 3.  
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 lest 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 found 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 lest xl. s. of yearly rend 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 and proxey they be all there, all the princes and Barons, and 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 woolsackes 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 do 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 iij. C. and iiij. C.) are called by such as it pleaseth the Prince to appoint, into an other great house or Chamber by name, to which they answer: and declaring for what shire or town they answer than they are willed to choose an able and discreet man to be as it were the mouth of them all, and 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 fourthly, that if there came any doubt, whereupon they shall desire to have the advise or conference with his Malestie 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 aught 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 another, and so another bill. After it hath been once or twice read, and doth appear that it is somewhat liked 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 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 sand such bills as they have approved by two or three of those which do sit on the woolsackes 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 straight way 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 some what 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 be 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 the abrogating 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 bareheaded is understanded that he will speak to the bill. If more stand up, who that first is judged to arise, is first heard, though the one do praise the law, the other dissuade it, yet there is no alteration. For every man speaketh as to the speaker, not as one to another, 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, not 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 and 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 ont 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 ont assentns, If they cannot agree, the two houses (for every bill from whence so ever 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 and descent each man severally and by himself, first for himself, & 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 or descent by proxy. The more part of them that be present only maketh the consent or descent. 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 he holdeth the bill up in his hand and saith, 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 not 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, not 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 thanksgiving first in the lords name by the Chancellor etc. and in the commons name by the spaeker 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 and ornament of the common wealth: the chancellor in the Prince's 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, & so have the whole consent of the realm. Than one reads the Titles 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, and those be accounted utterly dashed and of none 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. 4.  
THe Prince whom I now call (as I have often before) the Monarch of England, King or Queen, hath absolutely in his power the anctoritie 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 their 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. To 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, and 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 sudden insurrections and rebellions, but that not allowed of wise and grave men, who in that their iudgemment 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 straight obedience, without which never captain can do any thing vaileable in the wars.  
The Prince useth also absolute power in crying and decréeing the money of the Realm by his proclamation only. The money is always stamped with the princes 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 them 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, and ever will be a certain proportion between the scarcity and plenty of other things, with gold and silver. 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 giveth 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 offender.  
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 king's 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 done in the name of any inferior person than he or she that holdeth the Crown of England. And like wise no man can give pardon thereof but the Prince only: although in times passed there were certain County Palatines, as Chester, Durham, and Elie, 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 king's name, and by his authority only.  
The Prince hath the wardship and first marriage of all those that hold land of him in chief. And also the government of all fools natural, or such as be mad by adventure of sickness, and so continued, if they be landed. This being once grounded by act of Parliament (although some inconvenience hath been thought to grow thereof, and since that time it hath been thought very unreasonable) yet once annexed to the crown, who aught to go about to take the club out of Hercules hand? And being governed justly and rightly, I see not so much inconvenience in it, as some men would make of it: divers other rights and pre-eminences the prince hath, which be called prerogatives royals, or the prerogative of the king, which he 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 & 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 bore headed before him: in so much 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 bareheaded. 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 another. CHAP. 5.  
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 & 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 commonwealth:) there remaineth to show, how this head doth distribute his authority and power to the rest of the members for the government of his realm, and the common wealth of the politic body of England. And whereas all commonwealths and governments be most occupied, and be most divers in the fashion of five things: In making of laws and ordinances, for their own government: in making of battle and peace, or truce with foreign nations, in providing of money for the maintenance of themselves within themselves, and defence of themselves against their enemies, in choosing and election of the chief officers and magistrates: and fistly, 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 three manners and forms of trials or judgements in England. CHAP. 6.  
BY order and usage of England there be three ways & 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. 7.  
THe manner of giving judgement by Parliament between private and private men, or between the Prince and any private man, be it in matters criminal or civil, for land or for heritage, doth not differ from the order 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 and questions.   

Trial of judgement by battle. CHAP. 8.  
THis is at this time not much used, partly because of long time the Pope and the clergy, to whom in time passed 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 & judgements, and to all other things that is therein used, time & 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 assize or twelve men, and first of the three parts which be necessary in judgement. CHAP. 9  
THe two first judgements be absolute, supreme and without appeal, and so is also the judgement by the great assize. And because our manner of judgements in England is in may things different from the fashion used either in France or in Italy, or in any other place 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 sound the s. But we call placitum the action, not the sentence, and placitare barbarously, for to pled in English, agere, or litigare. Now in all judgements 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 tender himself, or be rendered prisoner.  
judex, is of us called Judge, but our fashion is so divers, 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 twelve men. And the same order aswell is in civil matters and pecuniary, as in matters criminal.   

Of pleas or actions. CHAP. 10.  
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 commonwealth.  
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, & 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 
Saving in appeals, and upon a special plea. Actio, is the parties whole suit: Breve, is the king's precept.  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, strait 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, & shall be peaceably heard and quietly. But in those pleas and pursuits of the Crown, Procuror or Advocate he gets none, which in civil and pecuniary matters (be it for land, rent, right, or possession, although he plead against the Prince himself) he is never denied.  
Pleas civil be either personal or real: personal, as contracts or for injuries: 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 pleas, or the king's bench.   

Of the chief Tribunals, Benches, or Courts of England. CHAP. 11.  
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 cumber some, 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 three Tribunals, or Judges seats. At the entry on the right hand the common pleas, 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 king's 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 called Assessores.   

Of the times of pleading called Terms & of the Chancellor and Chancery. CHAP. 12.  
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? Another (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, not 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 lest. After Christmas about a month, enduring by the space of three weeks. Then from xvij. days after Easter by the space of three weeks and 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 very 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 intent 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 wish 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 he accounted profitable citizens, who attend their honest labour and business at home, and stand not 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 straightly 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 Praetor 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.  
Out of this Court, as from the person of the Prince come all manner of original writs. The declaration of writs is at large set down in the register of writs, and in the Natura brevium. Out of this Court come most commonly Commissions, patents, Licences, Inquisitions, etc.  
The Judges of this Court are the Lord Chancellor of England, Assistants, the master of the Rolls, and six Masters of the Chancery, which are commonly Doctors of the civil law.  
Officers are the six Clerks of the Chancery, the Clerk of the Crown general, the Register, the controller of the Seal, two examiners, the Clerk of the hampier, the three Clerks of the petty bag; the Cursiters, the Sergeant of the mace.  
The Lord Chancellor is the keeper of the great Seal, and hath it carried with him wheresoever he goeth.  
The Master of the Rolls is the keeper of the Records, Judgementes and sentences given in the court of Chancery.  
The six Masters are assistants to the court, to show what is the equity of the civil law, and what is Conscience.  
The Clerk of the Crown is the chief Guardian of all the matters of the Crown: what are Crown matters and pleas of the Crown, see in the learned book of Stanford, called the Pleas of the Crown.  
The six Clerks are the attorneys aswell for the Plaintiff, as Defendant in every suit in this Court.  
The Register is the engrosser and keeper of the decrees, publications orders and injunctions issuing out of this court.  
The two Examiner's are such as take the examination of the witnesses brought to prove or reprove any thing suit in this Court, and to put their depositions & answers made to their interrogatories in writing.  
The controller of the Seal is to see and allow of all the writs made in this court.  
The Clerk of the Hamper is he that doth receive the fines due for every writ sealed in this Court.  
The three Clerks of the Petty bag are they that receive the offices that are found in the Court of Wards.  
The Cursiters are Clerks appointed to their several shires which do writ original writs that belong to this Court, or the Common place.  
The Sergeant carrieth the Mace before the Lord Chancellor, and is to call any man before him at his commandment.  
The Process in the Chancery is a Sub paena, which is but to call the party before him upon a pain, as upon pain of lx. l. etc. And this is the way used to bring in the party, or else by the Sergeant as before.  
The punishment is, if the party will not come in, or coming in, will not obey the order of the Court, imprisonment during the pleasure of the Lord Chancellor.  
The order of proceeding is by Iniwctions, decrees & orders which are to bind the party, and if he resistt his punishment is imprisonment.  
The matters in this court are all causes wherein equity and extremity of law do strive, and where the rigour of laws have no remedy, but conscience and the moderation of Summumius hath sufficient.  
And here is to be noted, that conscience is so regarded in this court, that the laws are not neglected, but they must both join and meet in a third, that is in a moderation of extremity.  
The Court is called of some Officina juris Civilis Anglorum, because out of this Court issue all manner of process which give the party his cause of action in other Courts.   

Of judges in the common Law of England, and the manner of trial and pleading there. CHAP. 13.  
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 excercise, of whom the one is called chief Justice of the kings 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 iuriditi, 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 the other, 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 the departing of all the quarrels. Issues or status in our Law be ordinarily two, facti and juris.   

Of the kings Bench. CHAP. 13.  
THe kings Bench is the King's court, so called because usually the Kings have sitten there, and also because that therein are all causes handled which appertain to the Crown: and such causes as wherein the King or Queen is a party, if they properly appertain not to some other court.  
The Judges of the kings Bench are the Lord chief Justice of England, with other his companions assistant in giving judgement.  
The sergeants and Counsellors do debate the cause.  
The sentence is given by the chief Justice, the others all or the most part assenting, as it shall appear to be in other Courts likewise. If they can not agree, then is the matter referred to a demur in the Exchequer chamber before all the Justices of both the benches, viz. the kings Bench, and the common pleas, and the Lord chief Baron of the Exchequer.  
The officers in the King's Bench are, the chief Protonotharie, the Secondary, the Clerk of the Crown, the Clerk of the Exigentes, the Clerk of the Papers, the Custos Brevium, and Custos Sigilli.  
The Protonotharie is he, that recordeth all judgements, orders, and rules in this court, and all verdicts given, being not of Crown matters.  
The Secondary is the Protonotharies deputy, for the said causes, and he is the keeper and maker up of these records in books.  
The Clerk of the Crown, is to frame all inditements offelonie, treason, murder, etc. all manner of appeals, and after to record them, and enter the verdict, and to make and keep the Records touching these matters.  
The Clerk of the Exigentes is to frame all manner of Processes of Exigi facias, which do issue out of that Court to outlaw any man, and to record the outlawry.  
The Clerk of the Papers is he that keepeth all rolls, scriptes, and pleadings, and other things in writing which are not of record.  
The Custos brevium is he which fileth all the writs indiciall and original, after the Sheriff hath returned them, he is chargeable if any be embeseled or privily conveyed away from the file.  
The Custos Sigilli is he that doth keep the Seal, and seeketh all judicial writs, and all patents, licenses issuing out of this Court, and taketh the fee due for them, and thereof is to make his acccompt.  
There are certain attorneys belonging to this Court in number as the Protonothorie shall appoint: those are for Plaintiffs and defendants in every cause, and they frame and make the pleadings.  
The manner of proceeding in this court is by Latitat, arrest, and Bill.  
The Latitat is to bring the party in when he is not to be found, or will not appear and answer.  
Arrest is when the party is arrested, and then is driven to find bail. viz. two sufficient sureties or more as the case shall need.  
By Bill the suit is when the party is in Custodia Mareschalli and is from thence brought to answer.  
The Matters in this Court are properly all matters of the Crown, whereof see Stanfordes' book aforesaid.  
In these they proceed by indictments, verdict, appeal, Improperly all suits wherein the King is a party, or may have any loss. Such are Conspiracies, Champarties, Imbrasier, Maintenance, Decies tantum maims, Slanders, actions sur le cas: of these see Natura brevium.   

Of the court of common pleas. CHAP. 14.  
THe court of common pleas is the king's court, wherein are holden all common pleas between Subject & Subject, of all matters of Common law: so called, for that it serveth for the exact and precise administration of the common law.  
The Judges in this Court are, Lord chief Justice of the common pleas, three other his associates. The Sergeant at the law, whose number is sometime more, sometimes less, at the pleasure of the prince. These all are sworn to serve the turn of the common law at this bar.  
Two of them are always appointed to serve the Princes turn in what Court soever, and are called the Q. Sergeants.  
The officers of this Court are the Custos Brevium, three Protonotharies, the Clerk of the warrants, the Clerk of the essoins, divers Attorneys, Fillisers for every shire, Exigenters for every shire, the Clerk of the Juries, the Cirographer for fines, the Clerk of the queens silver for errors in this Court committed, the Clerk of the seal, as before for the king's bench.  
The Custos brevium is chief Clerk in the court, and he hath the custody of all the writs whatsoever, returnable into this court, come they in either at the day of the return, or after the day, which is called Post diem.  
The Protonotharies are they which after the parties have appeared in Court, do enter the matters in suit, and make the plead, and enter them.  
The Fillisers are they which make up all mean process upon the original writs, and the same writs returned by the sheriff, are by the attorneys delivered to the Custos brevium to file or string, there to remain of record.  
The Exigenters are such as make out the exigents and writs of proclamation into every County, where the parties are, that upon the measne process or summons will not appear.  
The Clerk of the warrants is he which doth take the warrants of an Attorney, which shall prosecute for the plaintiff or defendant: and is he that enroleth all deeds acknowledged before the Justices of the same Court.  
The Clerk of the essoins is he which doth essoin the defendants in every action, before the day of his appearance.  
An essoin is an ordinary delay by office of Court in action: and the officer before whom the Clerk is to take these essoines, is the puny Justice in the common pleas, who for that purpose sitteth three days before the Term.  
The common Attorneys are such as are allowed in this Court by the Lord chief Justice of the common pleas, and his assistance, to prosecute or defend according to the instructions of their Clients, for the plaintiff or defendant.  
The Clerk of the juries is he that doth make the Venire facias, to the sheriff to warn the Juries by.  
The Cirographer is he that hath the writ of covenant with the concord brought unto him, and he maketh Indentures tripartite, whereof two are delivered to the party for whose use the fine is acknowledged. And the third part is reserved with him. And all the proclamations of the same fine, according to the statutes made, are endorsed on the third part remaining, and it is commonly called the foot of the fine.  
The Clerk of the queens silver is a distinct Office of the fines, and is he who setteth down the money that her Majesty is to have for the fine, according to the yearly value of the land confessed, known, deposed, or agreed upon.  
All errors in this court committed, are reform in the king's bench, before the Lord chief Justice, & other Justices there assistant, by writ of error.  
There is also the Clerk of the outlawries, who is the king's Attorney general, and he entereth the outlawry for the Queen, after the exigent delivered: and he maketh all the writs of outlawry, and none are to be made but by him.  
The matters of the common pleas are all suits of common law commenced by any writ, original, real, or personal.  
Real are such as touch the inheritance, or fee of any man.  
Personal are such as touch transitory things, as goods, chattels, personal wrongs, etc.  
The difference between a writ original, and a writ judicial, is this: the original saith in the end of it (in the person of the king or Queen) teste meipso, or meipsa, apud Westmonasterium. The judicial writ saith in the end, Teste Christophoro Wray, or Teste jacobo Dier, or such other as shallbe Lord chief Justice of either of those benches.  
The order of processes how they follow the one after the other. In this court is first a summoneas in some action, than an Attachias, but in most a Capias, than a Capias pluries then Exigi facies, and a proclamation into the County where the defendant dwelleth.  
The Summoneas is the original, and goeth out of the Chancery, and is directed to the sheriff, to bring the party by a day.  
The sheriffs order in serving this writ, is to go himself, or his Bailiff, to the land, and there to garnish the party, by sticking up a stick on his land, which done, the sheriff returneth two common pledges, johannes Do, and Richardus Ro, and two Summonees, Richardus Den, Henricus Fen. After the summonees, if the party come not in, issueth out an Attacheas, in nature of a precept, to authorize the sheriff to go to his land or house, and there to take a pledge for his appearance.  
But if the party plaintiff mean to outlaw the defendant, he getteth a Summoneas out of the Chancery to the sheriff to warn the party, who returneth nihil habet, etc. Then the plaintiff getteth a Capias to take his body, and then a Lias capias, than a pluries capias, to all which the sheriff returneth in order as they be given out, Non est inventus. After which if the party appear not, goeth out to the sheriff the Exigi facias, and a proclamation to proclaim the party in five several County days: after which proclamations if he do not appear, he is returned Quinto exactus, & non comparuit, & ideo utlagatu, unless he do first purchase a Supersedeas, to the Court to surcease. The Supersedeas is granted at the suit of the plaintiff, to stay the outlawry, and is an appearance to the suit, for the defendant suggesting to the court, that his erigent improuide emanavit, showing that the defendant was always ready to appear by his Attorney. This done, the plaintise declareth the defendant answereth, if the answer be issuable they proceed to trial. The manner of proceeding is either to join issue, & so to pass to verdict, or else to demur. The trial is by verdict, when the question is made de facto, as, where the matter was done, when, by whom, etc.   

Of the two manner of issues. CHAP. 15.  
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 aught to have it, and will still in that sort maintain their right, than it was called a demurrer 
But sometimes it is determined by the same court only.  in law: where if in the law the case seem to the Judges that sit, doubtful, it is called a chequer chamber 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 
This should be meant of a respondes ouster, when the opinion is against him that taketh an exception which is not peremptory. He may deny it by protestation.  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, 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 ethe 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, or the evidence which his adversary bringeth is not true, or that his gift was former, or any such like exception which is available 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 twelve men of whom we shall speak hereafter, so the one party or other loseth 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, exfacto ius oritur Hear 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, aswell criminal as civil, come to the issue and state of some fact which is deniedof the one party, and averred of the other: which fact being tried by the twelve 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 twelve 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 twelve men, he loseth 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 & consider it, the more reasonable they shall found 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, states, 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. 16.  
THe Romans had to execute the commandments of the magistrates, Lictores, Viatores, Accensos. The civil law since 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 
Scats in ancient Saxon is that which we by a borrowed term call treasure, whereof is derived Scaccarium signifying a court dealing with the kings treasure or revenues, & also escaetor that is an officer which employeth the kings profit  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 think that it was first called statarium, because that there was the stable place to accounted for the revenues of the crown, aswell the which came of the patrimony, which we call the demesnes, as that which cometh of other incident acquisitions, be they rends, 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 accounted. The hearers of the account (who in Latin may be called tribuni aerarii) 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 iuridici rationales, 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, with others to them assistant: the chancellor of the Exchequer, two Chamberlains, and Attorney general. The chief of all is called high treasurer of England, as you would say in latin, Supremus aerarii anglici quaestot, or Tribunus aerarius maximus.  
He hath the charge and keeping of the king or queens treasure, and many officers are at his sole appointment and to him accountant, as well in the tower, exchequer, as elsewhere: as, Auditors in the mint, Auditors and tellers in the Exchequer, Receivers, etc.  
The chancellor is the under treasurer, and is governor of the Court, under the high treasurer. Many officers also are at his appointment.  
The chief Baron is the judge in law cases incident to this Court, the three other Barons are assistants.  
The Attorney is the attorney general, to defend the queens right, and to peruse all grants, particulars, suits, and causes handled in this Court. There are common attorneys beside, which serve for the suitors of this Court.  
The other Officers are two Remembrancers, two Clerks of the Pipe, two of the first fruits and tenths.  
The Remembrancers are those which keep all the Recdrdes of the Exchequer between the Queen and her subjects, and enter the Rules & orders there made, the one is for the Prince, the other for the Lord Treasurer.  
The Clerks of the Pipe are those that make leases upon particulars, and receive, the sheriff's accounts, those receive also the bonds & titles of other assurances  
In the office of the first fruits are received all first fruits due to her Majesty by Bishops, Deans, and all ecclesiastical persons, answerable by order of the Law.  
Other officers are Tellers, Auditors, Collectors, rend gatherers, tail makers, etc.  
The matters of this court are all penal punishment, as intrusions, alienations without licence, penal forfeitures upon popular actions (a popular action is while the one part is given to the informer, the rest to the Prince.) Of these see the whole body of the Statutes at large, or in Rastalles collection.  
In this Court are handled all payments, accounts, expenses of the queens revenues.  
The usual Process of this Court is a Sub paena out of this Court, or a messenger to call the party.  
In this court be heard Quadruplatores, which we call promoters, which be those that in popular and penal actions 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 twelve men, as I have said: and all customers which were in Latin called Publicani, 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 Tribunals or judges, which the Earl or County should do: which Earl or County 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 King's 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, be levied 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, and divers bailiffs which be called errants, 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 goal, 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 execution of such commandments according to the law as the Judges do ordain, and this is enough for the sheriff.   

Of the xii men. CHAP. 17.  
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 lest 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, and heard before them, not after the fashion of the civil law, but openly, that not only the twelve, 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, and driveth them out of countenance.  
Although this may seem strange to our civilians 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 twelve in sum the arguments of the Sergeants of either side, that which the witnesses have declared, & 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 six, seven, or eight 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 whether they william. 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 xxx. 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, Laths, Rapes, Wapentakes. CHAP. 18.  
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 xxx. Hundreds, more or less, either that they were at the first C. towns and villages in each hundred: and although now they be but xuj. xx. xxx. 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 hundredth 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 
Or as some say, because in such places the subjects had their armour appointed them, and there did take their weapons.  of the Saxons. For that so many towns came by their orders then, to one place, where was taken a muster of their armour & 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 musters 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, no mention nor memore of a Town remaineth: such mutation time bringeth with it of all who things A hundredth hath one or two high constables, 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. 19  
IT may appear strange that of xxxvi. shires, whereof each shire is divided into diverse 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 that there should be much lack of Justice and right, and much wrong taken without redress. But it is not so: The people being accustomed to live in such an equality of Justice, and 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 tenants a court cslled a court Baron. And there his tenants being sworn make a Jury which is not called the inquest, but the homage. These princip ally do inquire of the copy holder's, and other free holder's that be dead since the last court, and bring in their heirs, and next successors, and likewise of incrochment or intrusion of any of the tenants 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 divers liberties to hold plea for a bigger sum, which do determine as well 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 Ludlow, or elsewhere: another for the North parts of England, at York, where be many causes determined. These two are as be Parlements in France. But yet if there be any matters 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. 20.  
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 appears 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 another 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 and Law day is all one, and betokeneth word for word, legitimum or iuridicum diem. Law the old Saxons called lantor 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. 21.  
BEfore the manner of proceeding in causes criminal 
justices of peace.  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, Marquises, 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 4. after 8▪ now they come commonly to 30. or 40. 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 to many to handle the affairs of the Common wealth in this behalf. Of 
justices of Quorum.  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 forty or thirty, and so at the last it cometh to four or three, it is necessary for the performance of many affairs to have likewise divers of the Quorum. The words of the commission be such, Quorum vos AB. CD. EF. 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, complots, riotes, 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 undersheriff with his 
This is not always and in all places observed, but only concerning the grand inquest.  bailiffs be there to attend upon him, who must prepare against that time four inquests of xxiv. yeomen a piece of divers hundreds in the shire, and besides one which is called the great inquest out of the body of the shire mingled with al. 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, and 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 found it true they do nothing but writ on the backside of it, billavera, as ye would say, scriptum Verum: or accusatio justa, or reus est qui accusatur: Then he who is there named is called indicted. The manner of the bill is such, Inquiratur pro domino rege.  
If they do not find it true, they writ on the backside ignoramus, and 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 tender himself prisoner, or else he shallbe outlawed. So he is called three times in divers county days to tender himself to the Law. The 
The use of Capias and exigens upon indictments is otherwise.  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 tender himself to answer to the law, and show some reasonable cause of his absence, many times of grace his outlawry is pardoned. These meetings of the Justices of peace four times in the year, be called quarter 
They are put to fines.  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 ear, 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 Council, how they do found the shire in rule and order touching those points and all other disorders. There was never in any common wealth 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, and 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 and 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 commonwealth of England: so when it shallbe misused, dissembled with, or be contemned, & be done pro forma tantum, & as they term it in France, par mainere d'acquit only, it will be the present ruin (though not at the first perceived) of the commonwealth. 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 taken upon them that may give evidence. CHAP. 22.  
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 and cry, that is to say, do cry and call 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 another. 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 examination 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 x. pound, xx. pound, xxx. pound, xl. pound, or C. pound, 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. 23.  
BUt if any man, woman, or child, be violently slain, the murderer not known, no man aught 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 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 twelve 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 xxx. 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 to have 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. 24.  
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 aught 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 strait upon him, and by force make him to tender 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, and many times artificers, labourers, and men of small ability be chosen 
One or two constables, hedborowes: or tithingmen  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 master's 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 Constables 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 two, three, or four years, more or less. 
Kinningstable is Regia virgula, the kings rod or wand, signifying the kings power or authority, a representation whereof is the use of maces & white staves by officers in the commonwealth.  as the parish doth agree. What headborough 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 Kinningstable, as ye would say, a man established by the king, for such things as appertain to pleas of the crown, and conservation of the king's peace, and as I said at the first, were in some more reputation, approaching to that authority which the Justices of peace now do hold.   

Of the Sessions of jail delivery, and the definitive proceed in causes criminal. CHAP. 5.  
How thieves and murderers and other malefactors against the crown and the peace are taken and 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 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 araynement, 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 twelve have given a prejudice against him, so twelve again must acquit or condemn him. But if the prisoner be not indicted, but sent to prison upon some suspicion or suspicious behaviour, & none do pursue him to the inditement, first being proclaimed thus, A. B. prisoner standeth here at the bar, if any man can say any thing 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 in 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) four, five or six 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 sit the Justices of peace, according to their estate and degree. On a lower bench before them, the rest of the Justices of 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 undersherife, and such clerks as do writ. At the end of that table there is a bar made with a space for the inquests, and twelve men to come in when they are called, behind that space another bar, and there stand the prisoners which be brought thither by the Jailor, all chained one to another. Then the Crier crieth, and commandeth silence. One of the Judges briefly telleth the cause of their coming, and 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 endictments, 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 colour, to such a valour, and carried him away feloniously, and 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, and his life by that violence taken from him. This death some strong and 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 Indictment to be true, then when he is arraigned, not twelve men go upon him, there resteth but the Judge's sentence, of the pain of death.  
If he plead not guilty, as commonly all thieves, robbers and 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 in flagranti 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 his 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 and death. Then calleth he in the first Juror. B. C. come to the book, and so giveth him an oath to go uprightly 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 devil about the place, or at the lest 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 two, three, four, and so till the number be full of twelve or more, and 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 twelve 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 Justice 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, and hear them, and be heard of them all. The Judge 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 beatedst 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, and 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 three 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, nor 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 and 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, altar 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 Princes and his own advantage, and so is the excheator also.  
Of him whom the twelve men pronounce guilty, the Judge asketh what he can say for himselfe: if he can read, he 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 sand 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 william. 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 forth with, 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, 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, and is delivered to the Bishop's officer to be kept in the Bishop's prison, from whence after a 
The delivery to the Bishop's prison, and the purgation is taken away by statute.  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, he may have an action of conspiracy against 
They must be two at the lest that conspired.  him, and a large amendss: but that case chanceth seldom.   

Certain orders peculiar to England, touching punishments of malefactors. CHAP. 26.  
FOr any felony, manslaughter, robbery, murder, rape, and such capital crimes as touch not treason, and laesam maiestatem, we have by the Law of England no other punishment, but to hung till they be dead: when they be dead, every man may bury them that will, as commonly they be. Heading, tormenting, dismembering, either arm or leg, breaking upon the wheel, empaciling, and such cruel torments, as be used in other nations by the order of the law, we have not: and yet as few murders committed as any where: nor it is not in the Judges or the Justice's 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 shallbe burned alive. If the servant kill his master, he shall be drawn on a hurdle to the place of execution: it is called petit treason. empoisoners, 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, & almost unknown 
Quaere.  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 aught 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 commonwealth after as a freeman, who hath his body so haled and tormented, if he be not found guilty, and what amendss 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 twelve goeth not upon him: if he deny the fact, that which he said before; hindereth him not. The nature of Englishmen 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 twelve 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 not, and whatsoever he saith, if the inquest of twelve 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 him worthy death, yields for the most part unto it, and doth not repined, but doth accommodate himself to ask mercy of God.  
The nature of our Nation is free, stout, haut, prodigal of life and blood: but contumely, beatings, servitude and servile torment, and 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 twelve as soon as they have given their verdict are dismissed to go whether they will, and have no manner commodity and profit of their labour and verdict, but only do service to the Prince and Common wealth.   

Of treason, and the trial which is used for the higher nobility and Barons. CHAP. 27.  
THe same order touching trial by inquest of twelve 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 divers 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. And for Judge one Lord sitteth, who is 
Or rather, high steward of England.  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 and 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 and 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 defer it, which is called, to reprieve the prisoner, (that is to say, to sand 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 twelve, 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 another death, the sheriff escapeth not to pay a great fine and ransom at the prince's mercy: if having pregnant evidence nevertheless, the twelve 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 of 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 twelve not only be rebuked by the judges, but also threatened of punishment, and many times commanded to appear in the star-chamber, or before the privy counsel for the matter. But this threatening chanceth oftener than the execution thereof, and the twelve 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, & the twelve men thereupon impaneled, the evidence brought and pleaded before them on both the parties, the twelve 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 whereas before upon the first quest commonly they all be yeomen, now upon this attaint must go xxiv. gentlemen dwelling within the shire, and twelve at the lest 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, but only that which was brought in and alleged before the first inquest. And if this second inquest 
Not more evidence on the behalf of the plaintiff but of the defendant there ●●y.  of four and twenty 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 
The statute of 23, Henry 8. doth not abolish common law, but giveth a more profitable for the plaintiff.  had before the waste of all their lands and possessions with other punishments, 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 five pound, if it be under forty pounds: & if above, than twenty pounds. Attaints be very seldom put in ure, 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 obstivate 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 the mellitate 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 prolonging 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, and by their purse, which thing in my mind is as royal and princely an act, and so beneficial to the Common wealth, as in so small a matter a King or Queen can do, for the repos 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 Justice's 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 began 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 and offenders against the peace, which is called Gods and his, and 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, whereof the fashion I have at large declared: 
In appeal the battle is tried by the parties only, and in writs of right by champions.  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 detested this kind of trial and judgement, as reason is every man misliketh that which is not like to his education, and colo reasoning by Theology and Philosophy: they I say much mislike many things done necessarily in hot policy. At the lest a common wealth military must adventure many things to keep it in quiet, which cannot seem so 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 that he may have it, yet the party 
The battle or jury is at the election of the defendant.  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 lest (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 evermuch 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 and 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, and 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 such as be of power and 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 
Sent for by Sub poena.  party is sent for, and he must appear in this star chamber, 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 and remonstrance, and of those chief personages of England, one after another 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 so in open violence, he shall be commanded to the Fleet, where he shall be kept in prison in such sort as these Judges shall apppoint 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 can not 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 same 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 another 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. Sigh that time this court hath been in more estimation, and is continued to this day in manner as I have said before.  
The Judges of this Court are the Lord Chancellor, the Lord Treasurer, all of the queens majesties Counsel, the Barons of this land.  
The officers therein, are a Clerk, three attorneys, an Examinor.  
The Clerk keepeth the records, rules, entries, orders, and decrees, made in this Court.  
The three attorneys are for the plaintiff, and for the defendant to frame their complaints, and answers, and make their matter apt to be heard for the Lords.  
The Examinor taketh the depositions of the witnesses of both sides to the proof or disproof of the cause.  
The order of proceeding to judgement is by assent of voices, and open yielding their mind in court, the mayor part being preferred for sentence.  
The punishment most usual, is imprisonment, pillory, a fine, and many times both fine and imprisonment.  
The process is a subpena, an attachment, a proclamation of rebellion, and a commission of rebellion.  
The subpena is in manner pf a libel or precept.  
The Proclamation and commission of rebellion serveth when the party is stubborn, having made concontempt, and cometh not in by the former process.  
The Messengers of this court are the warden of the Fleet: or the Sergeants at arms.  
The Matters belonging most commonly, are by statutes, as is taking away of Maids within age against their parents or guardians william. See Anno 4 & 5. Phil. & Mariae cap. 18. All notable forgeries, counterfeiting letters or privy tokens. See Hen. 8. Anno 33. cap. 1. Anno 5. Eliz. cap. 11. slandering of nobles, and seditious news. See R. 2. anno 2. Cap. 5. anno 1. & 2. Phil. & Mariae Cap. 3. anno. 2. 3. Eliz. Cap. 7. All notable Riots and unlawful assemblies. See Anno 1. Eliz. cap. 17. And all the titles of riots in Rastals' abridgement, all notable deceipts, and all kind of cozenage etc.   

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 xiv. 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 be made for them in the books of the civil law, for rendering just and 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 encumbrance and small profit, so that divers 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 seyseth 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 dispergment before the age of xxj. years if it be a man, of fourteen 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, that is of such as hold lands of other by knight service, 
Guardian in Chivalry, and guardian in Socage.  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 divers guards.  
Many men do esteem this wardship by knights service very unreasonabie 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, & 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 in pleasure: and why they be married very young, and before they be wise, 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 knights service, be if the King or Queen, Duke, marquis, 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 cell 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 buyar 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 
But the Lord shall be punished for the waist, by loss of the ward: or triple damages, if that suffice not.  house, 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 amendss, shall pay yet one years rend for relief, and sue ouster le main, 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 the 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 equitts 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 & stock where they may found and make friends who can better look to the education or better skill 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 third, 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.  
The Judge in this Court is the master of the Wards.  
Officers are the Attorney of the Wards for the Queen.  
The Surveyor, the Auditor, the Treasurer, the Clerk, two common Attourneys, inferior officers, also messengers, and Pursuyvantes.  
The Attorney for the Wards is always for the queens right, and assistant with the master of the Wards.  
The surveyor is he that hath the allowing of every Livery that is sued out.  
The Auditor taketh the account and causeth process to be made.  
The Treasurer receiveth the money due to her Majesty.  
The Clerk is writer of the records, and writer of the decrees, processes and orders of the Court.  
The matters of this court are all benefits that may come unto her Majesty, by guard, by marriage, preweer seisin and relief.  
The general process in this court is a commission, a process in manner of a proclamation, warning the party or parties to appear before the master of the wards. Moore special process belonging to this Court, are a Diem clausit exttemum, a Devenerunt, a melius inquirendum, a Datum est nobis intelligi, a Quae plura. Of the nature of these, see Stanfordes' book of the king's prerogative.  
Out of this Court are the Liveries sued, and committed to the Clerks of the petty bag, officers in the Chancery.  
When the heir hath proved his age, and sued his livery, than he must do homage to that is the Deputy of the Prince for that purpose, and then must pay a fine or fee to the Lord privy Seal.   

The Duchy Court. CHAP. 6.  
THe Duchy Court of Lancaster is also the queens court of Record. In it are holden all pleas real & personal which concern any of the Duchy Landes, now in her majesties hands and parcel of her crown: but severed in Court and jurisdiction.  
The Judge in this Court is the Chancellor assisted by the Attorney of the Duchy for the Queen, the Clarke of the Court, divers Surveyors, two common attorneies, divers auditors, two assistants, the Sergeant of her Majesty.  
The Chancellor is a Judge of the Court to see justice administered between her majesty and her subjects, and between party and party.  
The Attorney is to maintain the queens right, and is assistant to the Chancellor, and showeth him what the law is,  
The Clerk keepeth the Rolls and records, & maketh the process.  
The Surveyors are divers, one more principal: they survey the queens lands within the Duchy.  
The Auditors are divers: one more principal, they are to account and make the order of the receipts within the Duchy.  
The common attorneys are for the suitors that have cause in action within the court.  
The Assistants are two Judges at the Common law that are to aid them in difficult points of the law.  
The Sergeant for the Queen, is a learned Counsellor appointed to be of her majesties Counsel for her right.  
There is also belonging to this court a Uice-chauncelor, that serveth for the County Palatine of Lancaster, he maketh all original processes within his liberty, as doth the Lord Chancellor of England for the Chancery.  
The process of the County Palatine, is a Sub paena, as in the Chancery.   

The Court of requests. CHAP. 7.  
THis Court is the Court wherein all suits made to her Majesty by way of supplication or petition are heard and ended, neither should it hold plea of any other matters than such. And this is called the poor man's court, because there he should have right without paying any money: and it is called also the Court of Conscience.  
The Judges in this court are the master of Requests, one for the common laws, the other for the civil laws.  
The Officers in this court, are the Register, the Examinor, three attorneys, one messenger or Pursuivant.  
The Examinor is he that apposeth the witnesses by oath and recordeth their depositions.  
The attorneys serve for the plaintiff and defendant to frame their complaints and answers.  
The Pursuivant is an officer in this Court, to bring any man before the Judges whom they shall name.  
The matters in this Court at this day, are almost all suits that by colour of equity or supplication made to the Prince, may be brought before them: properly all poor men's suits which are made to her Majesty by supplication.  
The Processes in this court, are a privy seal, proclamation of rebellion. The nature of these processes is as was said before in the Court of Star chamber.   

Of wives and marriages. CHAP. 8.  
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 solemnized, 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 whatsoever they get after marriage, they get to their husbands. They neither can give nor cell 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 filq familias: 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, & 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 intestate, 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, Deane, 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. Tur forefathers newly converted to the Christian faith had, such confidence in their pastors and 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 powar 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 another. So that if my wife was called before Philippe Wilford by her own name and her father's surname, so soon as she is married to me she is no more called Philippe Wilford, but Philip Smith, and so must she writ 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, if he die, and she take a husband of a meaner estate 
Yet she is no Lady by the common law, although so called of courtesy.  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 e● 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 of the next of her kin into the hands of the husband, and he laid down gold & 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 solemnized 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 doth 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 solemnized with me, this Child shallbe my heir, and is accounted my lawful Son, not his whose child it is indeed, so precisely we do take the letter where▪ it is said, pater est quem nuptiae 
It is avoidable after the  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 indeed 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 toward the wives, yet for the most part they can handle their husbands so well and so dulcly, 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 executrices 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. If the wife be an enheritrix and bring land with her to the marriage: that land descendeth to her eldest 
It is avoidable after the husbands death, except it be for xxj. years or three lives according to the statute, or except they levy a fine.  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 cell nor alienate the same, not not with her 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. 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 sirmitie and strength in which they are made, And this is enough of wives and marriage.   

Of Children. CHAP. 9  
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, and 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 haeredes complaints, de inofficioso 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 and 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 had 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 gavelkind, 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. 10.  
AFter that we have spoken of all the sorts of freemen according to the diversity of their estates and persons, it resteth to say somewhat of bondmen, which were called servi, which kind of people and 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 adscriptitij 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, and in our law are called villains regardantes, 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 divers 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, since our Realm hath received the christian religion, which maketh us all the 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 sperially in their extreme and 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 manumitte 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 copyhold 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 is in respect 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 christened 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, & 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, and at this day so far as I can learn, amongst all people Jew's 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 promised to them, was of them refused: for when they would not acknowledge him, obstinately forsaking 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 evangel brought to them 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, & 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 adscripticii glebae, and villains regardant to the ground, to the intent their service might be furnished, and that the country being evil, unwholesome, and otherwise 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 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 & 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 possessor. 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 another Lord of a manor, as his superior, and he again of an higher Lord, till it come to the prince, and 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 capite, 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, shallbe married where it pleaseth the lord He y●holdeth the land must freely of a temporal man (for frank almose and frank marriage hath another 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 were annexed to the first donation. Thus all saving the Prince be not veri domini, but rather fiduciarii domini, and possessores,  
This is a more likely interpretation then that which Litleton doth put in his book, 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 mark not the deduction of words 
Littleton did not interpret the word feodum simplex, but rather define or describe the nature thereof.  which time doth altar. 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 Lawyers that would make a new barbarous latin word, to betoken land given in fidem, or as the Italian saith, in fede, or fe made it in feudum, or feodum. The nature of the word appeareth more evident in those which we call to fef, feoff, or feoffees, the one be fiduciarii possessores, or fidei commissarii, the other is, dare in fiduciam, or fidei commissum, or more latinely, fidei committere.  
The same Litleton was as much deceived in withernam, & divers other old words. This withernam is he interpreteth vetitum namium, in what language I know not: whereas in truth it is in plain dutch, & in our old Saxon language, wither nempt, alterum accipere, or vicissim 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 devil, I take by order of him that hath jurisdiction, another of him again or of some other of that jurisdiction, and do bring it into the jurisdiction wherein I devil, 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 maxim 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 own 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 & 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, & the office & duty between them than the possessions. But in our case leaving the possession & 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 apprenticehood. But this is only by covenant, and for a time, and during the time it is vera servitus. For whatsoever the apprentice getteth of his own labour, or of his masters 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 masters 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 masters 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 eight years, some nine or ten 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 Polidore 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 
The sons of freemen of London are also free by birth, according to the custom.  throughout the whole Realm, which be not in such bondage as apprentices, but serve for the time for daily ministery, 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 shall be compelled to serve out another 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 shall be punished with stocks and whipping, as an idle 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 abhor 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 another 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 free men 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 sort, 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, Curia Christianitatis. CHAP. 11.  
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 commonwealth before ordained and 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 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 these 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 dèfinitiva, 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 haeres, or bonorum mobilium possessor ab intestato) for a debt which the dead aught me, I must sue in the temporal Court. These two courts the Temporal and the Spiritual, be so divided, that whosoever 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, by an old law of England he falleth into a praemunire, that is, he forfetteth 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 premuniri 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 attemptor 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 differeth 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 in deed it is true) it may now appear thy some reason that the first statute of praemunire 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 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 pandectes and code: not in that sort as Plato made his common wealth, or Xenophon his kingdom of Persia, nor as Sir Thomas More his utopia being feigned commonwealths, 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 four 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 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 and hath good will to serve the Prince and the common wealth in giving counsel for the better administration thereof.   
Thomas Smith.