Chapter XXIV: Part 24

Into how manie shires the said Alfred did first make this partition of the Iland, it is not yet found out; howbeit if my coniecture be anie thing at all, I suppose that he left not vnder eight and thirtie, sith we find by no good author, that aboue fifteene haue beene added by anie of his successours, since the time of his decease. This prince [Sidenote: Shire and share all one.] therefore hauing made the generall partition of his kingdome into shires, or shares, he diuided againe the same into lathes, as lathes into hundreds, and hundreds into tithings, or denaries, as diuers haue written; and maister Lambert following their authorities, hath also giuen out, saieng almost after this maner in his description of Kent; "The Danes (saith he) both before, & in the time of king Alfred, had flocked by the sea coasts of this Iland in great numbers, sometimes wasting and spoiling with sword and fire, wheresoeuer they might arriue, and somtime taking great booties with them to their ships, [Sidenote: Englishmen noisome to their owne countrie.] without dooing anie further hurt or damage to the countrie. This inconuenience continuing for manie yéeres togither, caused our husbandmen to abandon their tillage, and gaue occasion and hardinesse to euill disposed persons, to fall to the like pillage, as practising to follow the Danes in these their thefts and robberies. And the better to cloake their mischeefe withall, they feigned themselues to be Danish pirats, and would sometime come a land in one port, and sometime in another, driuing dailie great spoiles (as the Danes had doone) vnto their ships before them. The good king Alfred therefore (who had maruellouslie trauelled in repelling the barbarous Danes) espieng this outrage, and thinking it no lesse the part of a politike prince, to root out the noisome subiect, than to hold out the forren aduersarie: by the aduise of his nobilitie, and the example of Moses (who followed the counsell of Iethro his father in law to the like effect) diuided the whole realme into certeine parts or sections, which (of the Saxon word Schyran, signifieng to cut) he termed shires, or as we yet speake, shares, or portions, of which some one hath fortie miles in length (as Essex) and almost so manie broad, Hereford foure & twentie in length, and twentie in breadth, and Warwike six and thirtie in length, &c: and some of them also conteine ten, twelue, thirteene, sixtéene, twentie, or thirtie hundreds, more or lesse, as some hundreds doo sixteene, twentie, thirtie, fortie, fiftie or sixtie townes, out of which the king was alwaies to receiue an hundred able men to serue him in the warres, or a hundred men able to be pledges, [Sidenote: Earle and alderman.] and ouer each of the portions he appointed either an earle or alderman, or both, to whome he committed the gouernement of the same. These shires also he brake into lesser parts, whereof some were called lathes, of the word Gelathian, which is to assemble togither; other hundreds, for that they enioied iurisdiction ouer an hundred pledges; and other tithings, bicause there were in each of them to the number of ten persons, whereof euerie one from time to time was suertie for others good abearing. He prouided also that euerie man should procure himselfe to be receiued into some tithing, to the end, that if anie were found of so small and base a credit, that no man would become pledge or suertie for him, he should forthwith be committed to prison, least otherwise he might happen to doo more harme abroad. Hitherto master Lambert." By whose words we may gather verie much of the state of this Iland in the time of Alfred, whose institution continued after a sort vntill the comming of the Normans, who changed the gouernement of the realme in such wise (by bringing in of new officers and offices, after the maner of their countries) that verie little of the old regiment remained more than the bare names of some officers (except peraduenture in Kent) so that in these daies it is hard to set downe anie great certeintie of things as they stood in Alfreds time, more than is remembred and touched at this present.

[Sidenote: What a lath is.] Some as it were roming or rouing at the name Lath, doo saie that it is deriued of a barne, which is called in old English a lath, as they coniecture. From which spéech in like sort some deriue the word Laistow, as if it should be trulie written Lath stow, a place wherein to laie vp or laie on things, of whatsoeuer condition. But hereof as yet I cannot absolutelie be satisfied, although peraduenture some likelihood in their iudgements may séeme to be therein. Other vpon some further consideration affirme that they were certeine circuits in euerie countie or shire conteining an appointed number of townes, whose inhabitants alwaies assembled to know and vnderstand of matters touching their portions, in to some one appointed place or other within their limits, especiallie whilest the causes were such as required not the aid or assistance of the whole countie. Of these [Sidenote: Léetes.] lathes also (as they saie) some shires had more, some lesse, as they were of greatnesse. (And M. Lambert séemeth to be of the opinion, that the leets of our time wherein these pledges be yet called Franci plegij of the word Free burgh) doo yeeld some shadow of that politike institution of Alfred. But sith my skill is so small in these cases that I dare not iudge anie thing at all as of mine owne knowledge, I will not set downe anie thing more than I read, least I should roue at randon in our obscure antiquities, and reading no more of lathes my next talke shall be of hundreds.

[Sidenote: Hundred or wapentake.] The hundred and the wapentake is all one, as I read in some, and by this diuision not a name appertinent to a set number of townes (for then all hundreds should be of equall quantitie) but a limited iurisdiction, within the compasse whereof were an hundred persons [Sidenote: Denarie or tithing.] called pledges (as I said) or ten denaries, or tithings of men, of which ech one was bound for others good abering, and laudable behauiour in the common-wealth of the realme. The chiefe man likewise of euerie denarie or tithing was in those daies called a tithing man, [Sidenote: Tithing man in Latine Decurio Borsholder.] in Latine Decurio, but now in most places a borsholder or burgholder, [Sidenote: Burrow.] as in Kent; where euerie tithing is moreouer named a burgh or burrow, although that in the West countrie he be still called a tithing man, and his circuit a tithing, as I haue heard at large. I read furthermore (and it is partlie afore noted) that the said Alfred caused ech man of frée condition (for the better maintenance of his peace) to be ascribed into some hundred by placing himselfe in one denarie or other, where he might alwais haue such as should sweare or saie vpon their certeine knowledge for his honest behauiour and ciuill conuersation if it should happen at anie time, that his credit should come in question. In like sort I gather out of Leland and other, that if anie small matter did fall out worthie to be discussed, the tithing man or borsholder (now officers, at the commandement of the high constable of which euerie hundred hath one at the least) should decide the same in their léetes, whereas the great causes were referred to the hundreds, the greater to the lathes, and the greatest of all to the shire daies, where the earles or aldermen did set themselues, & make finall ends of the same, according vnto iustice. For this purpose [Sidenote: Twelue men.] likewise in euerie hundred were twelue men chosen of good age and wisedome, and those sworne to giue their sentences without respect of person, and in this maner (as they gather) were things handeled in those daies. Which waie the word wapentake came in vse, as yet I cannot tell; howbeit the signification of the same declareth (as I conceiue) that at the chiefe towne the soldiers which were to serue in that hundred did méet, fetch their weapons, & go togither from thence to the field, or place of seruice by an ordinarie custome, then generallie knowen amongst them. It is supposed also that the word Rape commeth a Rapiendo, as it were of catching and snatching, bicause the tenants of the hundred or wapentakes met vpon one or sundrie daies & made quicke dispatch of their lords haruest at once and in great hast. But whether it be a true imagination or not as yet I am vncerteine, and therefore it lieth not in me to determine anie thing thereof: wherefore it shall suffice to haue touched them in this maner.

[Sidenote: Fortie shires in England, thirtéene in Wales.] In my time there are found to be in England fourtie shires, and likewise thirtéene in Wales, and these latter erected of late yeares by king Henrie the eight, who made the Britons or Welshmen equall in all respects vnto the English, and brought to passe that both nations should indifferentlie be gouerned by one law, which in times past were ordred by diuerse, and those far discrepant and disagreing one from another: as by the seuerall view of the same is yet easie to be discerned. The names of the shires in England are these, whereof the first ten lie betwéene the British sea and the Thames, as Polydor also dooth set them downe.

Kent.
Sussex.
Surreie.
Hampshire.
Barkeshire.
Wilshire.
Dorsetshire.
Summerset.
Deuon.
Cornewall.

There are moreouer on the northside of the Thames, and betwéene the same and the riuer Trent, which passeth through the middest of England (as Polydor saith) sixtéene other shires, whereof six lie toward the east, the rest toward the west, more into the middest of the countrie.

Essex, somtime all forrest saue one hundred.
Middlesex.
Hartfordshire.
Suffolke.
Norffolke.
Cambrigeshire in which are 12 hundreds.
Bedford.
Huntingdon wherin are foure hundreds.
Buckingham.
Oxford.
Northampton.
Rutland.
Leircestershire.
Notinghamshire.
Warwike.
Lincolne.

We haue six also that haue their place westward towards Wales, whose names insue.

Glocester.
Hereford.
Worcester.
Shropshire.
Stafford.
Chestershire.

And these are the thirtie two shires which lie by south of the Trent. Beyond the same riuer we haue in like sort other eight, as

Darbie.
Yorke.
Lancaster.
Cumberland.
Westmerland.
Richemond, wherein are fiue wapentaxes, & when it is accompted as
parcell of Yorkeshire (out of which it is taken) then is it
reputed for the whole Riding.
Durham.
Northumberland.

So that in the portion sometime called Lhoegres, there are now fortie shires. In Wales furthermore are thirtéene, whereof seuen are in Southwales:

Cardigan, or Cereticon.
Penmoroke, or Penbrooke.
Caermardine, wherein are 9 hundreds or commots.
Glamorgan.
Monmouth.
Breckenocke.
Radnor.

In Northwales likewise are six, that is to saie

Angleseie.
Carnaruon.
Merioneth.
Denbigh.
Flint.
Montgomerie.

Which being added to those of England yéeld fiftie and thrée shires or counties, so that vnder the quéenes Maiestie are so manie counties, whereby it is easilie discerned, that hir power farre excéedeth that of Offa, who of old time was highlie honored for that he had so much of Britaine vnder his subiection as afterward conteined thirtie nine shires, when the diuision was made, whereof I spake before.

[Sidenote: Od parcels of shires.] This is moreouer to be noted in our diuision of shires, that they be not alwaies counted or laid togither in one parcell, whereof I haue great maruell. But sith the occasi[=o] hath growen (as I take it) either by priuilege or some like occasion, it is better briefelie to set downe how some of these parts lie than to spend the time in séeking a iust cause of this their od diuision. First therefore I note that in the part of Buckinghamshire betweene Amondesham, and Beconsfield, there is a peece of Hartfordshire to be found, inuironed round about with the countie of Buckingham, and yet this patch is not aboue three miles in length and two in breadth at the verie most. In Barkeshire also betwéene Ruscombe and Okingham is a péece of Wilshire, one mile in breadth and foure miles in length, whereof one side lieth on the Loden riuer. In the borders of Northamptonshire directlie ouer against Luffeld a towne in Buckinghamshire, I find a parcell of Oxfordshire not passing two miles in compasse.

With Oxfordshire diuerse doo participate, in so much that a péece of Glocestershire, lieth halfe in Warwikeshire & halfe in Oxfordshire, not verie far from Horneton. Such another patch is there, of Glocestershire not far from long Compton, but lieng in Oxford countie: & a péece of Worcestershire, directlie betwéene it & Glocestershire. Glocester hath the third péece vpon the north side of the Winrush neere Falbrocke, as Barkeshire hath one parcell also vpon the selfe side of the same water, in the verie edge of Glocestershire: likewise an other in Oxfordshire, not verie farre from Burford: and the third ouer against Lach lade, which is parted from the main countie of Barkeshire, by a little strake of Oxfordshire. Who would thinke that two fragments of Wilshire were to be seene in Barkeshire vpon the Loden, and the riuer that falleth into it: whereof and the like sith there are verie manie, I thinke good to giue this briefe admonition. For although I haue not presentlie gone thorough with them all, yet these may suffice to giue notice of this thing, wherof most readers (as I persuade my selfe) are ignorant.

[Sidenote: Lieutenants.] But to procéed with our purpose. Ouer ech of these shires in time of necessitie is a seuerall lieutenant chosen vnder the prince, who being a noble man of calling, hath almost regall authoritie ouer the same for the time being in manie cases which doo concerne his office: [Sidenote: Shiriffes.] otherwise it is gouerned by a shiriffe (a word deriued of Schire and Greue, and pronounced as Shire and Reue) whose office is to gather vp and bring his accounts into the excheker, of the profits of his countie receiued, whereof he is or may be called Quæstor comitatus or Prouinciæ. This officer is resident and dwelling somewhere within the same countie, and called also a viscount, Quasi vicarius comitis or Procomes, in respect of the earle (or as they called him in time past the alderman) that beareth his name of the countie, although it be seldome séene in England, that the earle hath anie great store of possessions, or oughts to doo in the shire whereof he taketh his name, more than is allowed to him, through his personall resiance, if he happen to dwell and be resident in the same.

In the election also of these magistrates, diuerse able persons aswell for wealth as wisedome are named by the commons, at a time and place appointed for their choise, whose names being deliuered to the prince, he foorthwith pricketh some such one of them, as he pleaseth to assigne vnto that office, to whome he committeth the charge of the countie, and who herevpon is shiriffe of that shire for one whole [Sidenote: Vndershiriffes.] yeare, or vntill a new be chosen. The shiriffe also hath his vnder shiriffe that ruleth & holdeth the shire courts and law daies vnder him, vpon sufficient caution vnto the high shiriffe for his true execution of iustice, preseruation from impeachment, and yéelding of accompt when he shall be therevnto called. There are likewise vnder [Sidenote: Bailiffes.] him certeine bailiffes, whose office is to serue and returne such writs and processes as are directed vnto them from the high shiriffe: to make seisure of the goods and cattels, and arrest the bodies of such as doo offend, presenting either their persons vnto him, or at the leastwise taking sufficient bond, or other assurance of them for their dutifull appearance at an appointed time, when the shiriffe by order of law ought to present them to the iudges according to his [Sidenote: High constables.] charge. In euerie hundred also are one or more high constables according to the quantitie thereof, who receiuing the writs and injunctions from the high shiriffe vnder his seale, or from anie other officers of the prince, either for the prouision of vittels or for other causes, or priuat purueiance of cates for the maintenance of the [Sidenote: Petie constables.] roiall familie, doo forthwith charge the petie constables of euerie towne within their limits, with the execution of the same.

In each countie likewise are sundrie law daies holden at their appointed seasons, of which some retaine the old Saxon name, and are [Sidenote: Motelagh.] called Motelagh, of the word motes and law. They haue also an other [Sidenote: Shiriffes turne.] called the shiriffes turne, which they hold twise in their times, in euerie hundred, according to the old order appointed by king Edgar (as king Edward reduced the folkmote ordeined by king Arthur to be held yearelie on the first of Maie, vntill the first of euerie moneth) and in these two latter such small matters as oft arise amongst the inferior sort of people, are heard and well determined. They haue finallie their quarter sessions, wherein they are assisted by the [Sidenote: Gaile deliuerie or great assises.] iustices and gentlemen of the countrie, & twise in the yeare gaile deliuerie, at which time the iudges ride about in their circuits, into euerie seuerall countie (where the nobilitie and gentlemen with the iustices there resiant associat them) & minister the lawes of the realme, with great solemnitie & iustice. Howbeit in dooing of these things, they reteine still the old order of the land in vse before the conquest. For they commit the full examination of all causes there to be heard, to the consideration of twelue sober, graue, and wise men, chosen out of the same countie; and foure of them of necessitie out of the hundred where the action lieth, or the defendant inhabiteth (which [Sidenote: Inquests.] number they call an inquest) & of these inquests there are more or lesse impanneled at euerie assise, as the number of cases there to be handled dooth craue and require, albeit that some one inquest hath often diuerse matters to consider of. And when they haue (to their vttermost power) consulted and debated of such things as they are charged withall, they returne againe to the place of iustice, with their verdict in writing, according wherevnto the iudge dooth pronounce his sentence, be it for life or death, or anie other matter what soeuer is brought before him. It is also verie often séene, that such as are nominated to be of these inquests, doo after their charge receiued seldome or neuer eat or drinke, vntill they haue agréed upon their verdict, and yeelded it vp vnto the iudge of whome they receiued the charge; by meanes whereof sometimes it commeth to passe that diuerse of the inquest haue béene welneere famished, or at least taken such a sickenesse thereby, as they haue hardlie auoided. And this commeth by practise, when the one side feareth the sequele, and therefore conueieth some one or more into the iurie, that will in his behalfe neuer yéeld vnto the rest, but of set purpose put them to this trouble.

Certes it is a common practise (if the vnder shiriffe be not the better man) for the craftier or stronger side to procure and packe such a quest, as he himselfe shall like of, whereby he is sure of the issue before the charge be giuen: and beside this if the matter doo iustlie procéed against him, it is a world to sée now and then how the honest yeomen that haue Bona fide discharged their consciences shall [Sidenote: Atteinct.] be sued of an atteinct, & bound to appéere at the Starre chamber, with what rigor they shall be caried from place to place, countie to countie, yea and sometime in carts, which hath and dooth cause a great number of them to absteine from the assises, & yeeld to paie their issues, rather than they would for their good meaning be thus disturbed & dealt withall. Sometimes also they bribe the bailiffes to be kept at home, whervpon poore men, not hauing in their pursses wherewith to beare their costes, are impanelled vpon iuries, who verie often haue neither reason nor iudgement to performe the charge they come for. Neither was this kind of seruice at anie time halfe so painefull as at this present: for vntill of late yeares (that the number of lawiers and atturneies hath so exceedinglie increased, that some shifts must néeds be found and matters sought out, whereby they may be set on worke) a man should not haue heard at one assise of more than two or thrée Nisi priùs, but verie seldome of an atteinct, wheras now an hundred & more of the first and one or two of the later are verie often perceiued, and some of them for a cause arising of sixpence or tweluepence. Which declareth that men are growen to be farre more contentious than they haue béene in time past, and readier to reuenge their quarels of small importance, whereof the lawiers complaine not. But to my purpose, from whence I haue now digressed.

Beside these officers afore mentioned, there are sundrie other in euerie countie, as crowners, whose dutie is to inquire of such as come to their death by violence, to attach & present the plées of the crowne, to make inquirie of treasure found, &c. There are diuerse also [Sidenote: Iustices of peax & quorum.] of the best learned of the law, beside sundrie gentlemen, where the number of lawiers will not suffice (and whose reuenues doo amount to aboue twentie pounds by the yeare) appointed by especiall commission from the prince, to looke vnto the good gouernement of hir subiects, in the counties where they dwell. And of these the least skilfull in the law are of the peace, the other both of the peace and quorum, otherwise called of Oier and Determiner, so that the first haue authoritie onelie to heare, the other to heare and determine such matters as are brought vnto their presence. These also doo direct their warrants to the kéepers of the gailes within their limitations, for the safe kéeping of such offendors as they shall iudge worthie to commit vnto their custodie there to be kept vnder ward, vntill the great assises, to the end their causes may be further examined before the residue of the countie, & these officers were first deuised about the eightéene yeare of Edward the third, as I haue béene informed.

[Sidenote: Quarter sessions.] They méeting also & togither with the shiriffes, doo hold their aforesaid sessions at foure times in the yeare, whereof they are called quarter sessions, and herein they inquire of sundrie trespasses, and the common annoiances of the kings liege people, and diuerse other things, determining vpon them as iustice dooth require. [Sidenote: Petie sessions.] There are also a third kind of sessions holden by the high constables and bailiffes afore mentioned, called petie sessions, wherein the weights and measures are perused by the clarke of the market for the countie, who sitteth with them. At these méetings also vittellers, and in like sort seruants, labourers, roges and runnagates, are often reformed for their excesses, although the burning of vagabounds through their eare be referred to the quarter sessions or higher courts of assise, where they are iudged either to death, if they be taken the third time, & haue not since their second apprehension applied themselues to labour, or else to be set perpetuallie to worke in an house erected in euerie shire for that purpose, of which punishment they stand in greatest feare.

I might here deliuer a discourse of sundrie rare customes and courts, surnamed barons, yet mainteined and holden in England: but forsomuch as some of the first are beastlie, and therefore by the lords of the soiles now liuing conuerted into monie, being for the most part deuised in the beginning either by malicious or licentious women, in méere contempt and slauish abuse of their tenants, vnder pretense of some punishment due for their excesses, I passe ouer to bring them vnto light, as also the remembrance of sundrie courts baron likewise holden in strange maner; yet none more absurd and far from law than are kept yearlie at Kings hill in Rochford, and therfore may well be called a lawlesse court, as most are that were deuised vpon such occasions. This court is kept vpon wednesdaie insuing after Michaelmasse daie after midnight, so that it is begun and ended before the rising of the sunne. When the tenants also are altogither in an alehouse, the steward secretlie stealeth from them with a lanterne vnder his cloke, and goeth to the Kings hill, where sitting on a mole-hill he calleth them with a verie soft voice, writing their appéerance vpon a péece of paper with a cole, hauing none other light than that which is inclosed in the lanterne: so soone as the tenants also doo misse the steward, they runne to the hill with all their might, and there answer all at once, Here here, wherby they escape their amercements: which they should not doo if he could haue called ouer his bill of names before they had missed him in the alehouse. And this is the verie forme of the court deuised at the first (as the voice goeth) vpon a rebellion made by the tenants of the honour of Raibie against their lord, in perpetuall memorie of their disobedience shewed. I could beside this speake also of some other, but sith one hath taken vpon him to collect a number of them into a particular treatise, I thinke it sufficient for me to haue said so much of both.

And thus much haue I thought good to set downe generallie of the said counties and their maner of gouernance, although not in so perfect order as the cause requireth, bicause that of all the rest there is nothing wherewith I am lesse acquainted than with our temporall regiment, which (to saie truth) smallie concerneth my calling. What else is to be added after the seuerall shires of England with their ancient limits (as they agreed with the diuision of the land in the time of Ptolomie and the Romans) and commodities yet extant, I reserue vnto that excellent treatise of my fréend W. Cambden, who hath trauelled therein verie farre, & whose worke written in Latine shall in short time (I hope) be published, to the no small benefit of such as will read and peruse the same.

OF DEGREES OF PEOPLE IN THE COMMONWEALTH OF ENGLAND.

CHAP. V.

We in England diuide our people commonlie into foure sorts, as gentlemen, citizens or burgesses, yeomen, which are artificers, or laborers. Of gentlemen the first and chéefe (next the king) be the prince, dukes, marquesses, earls, viscounts, and barons: and these are called gentlemen of the greater sort, or (as our common vsage of spéech is) lords and noblemen: and next vnto them be knights, esquiers, and last of all they that are simplie called gentlemen; so that in effect our gentlemen are diuided into their conditions, wherof in this chapiter I will make particular rehearsall.

[Sidenote: Prince.] The title of prince dooth peculiarlie belong with vs to the kings eldest sonne, who is called prince of Wales, and is the heire apparant to the crowne; as in France the kings eldest sonne hath the title of Dolphine, and is named peculiarlie Monsieur. So that the prince is so termed of the Latine word Princeps, sith he is (as I may call him) the cheefe or principall next the king. The kings yoonger sonnes be but gentlemen by birth (till they haue receiued creation or donation from their father of higher estate, as to be either visconts, earles, or dukes) and called after their names, as lord Henrie, or lord Edward, with the addition of the word Grace, properlie assigned to the king and prince, and now also by custome conueied to dukes, archbishops, and (as some saie) to marquesses and their wiues.

[Sidenote: Duke.] The title of duke commeth also of the Latine word Dux, à ducendo, bicause of his valor and power ouer the armie: in times past a name of office due to the emperour, consull, or chéefe gouernour of the whole armie in the Romane warres: but now a name of honor, although perished in England, whose ground will not long beare one duke at once; but if there were manie as in time past, or as there be now earles, I doo not thinke but that they would florish and prosper well inough.

[Sidenote: Marquesse.] In old time he onelie was called marquesse, Qui habuit terram limitaneam, a marching prouince vpon the enimies countries, and thereby bound to kéepe and defend the frontiers. But that also is changed in common vse, and reputed for a name of great honor next vnto the duke, euen ouer counties, and sometimes small cities, as the prince is pleased to bestow it.

[Sidenote: Earle.] The name of earle likewise was among the Romans a name of office, who had Comites sacri palatij, comites ærarij, comites stabuli, comites patrimonij, largitionum, scholarum, commerciorum, and such like. But at the first they were called Comites, which were ioined in commission with the proconsull, legate, or iudges for counsell and aids sake in each of those seuerall charges. As Cicero epistola ad Quintum fratrem remembreth, where he saith; "Atque inter hos quos tibi comites, & adiutores, negotiorum publicorum dedit ipsa respublica duntaxat finibus his præstabis, quos ante præscripsi, &c." After this I read also that euerie president in his charge was called Comes, but our English Saxons vsed the word Hertoch and earle for Comes, and indifferentlie as I gesse, sith the name of duke was not in vse before the conquest. Coropius saith, that Comes and Graue is all one, to wit [Sidenote: Viscont.] the viscont, called either Procomes, or Vicecomes: and in time past gouerned in the countie vnder the earle, but now without anie such seruice or office, it is also become a name of dignitie next after the earle, and in degrée before the baron. His reléefe also by the great charter is one hundred pounds, as that of a baronie a hundred marks, and of a knight fiue at the most for euerie fée.

[Sidenote: Baron.] The baron, whose degrée answered to the dignitie of a senator in Rome, is such a frée lord as hath a lordship or baronie, whereof he beareth his name, & hath diuerse knights or fréeholders holding of him, who with him did serue the king in his wars, and held their tenures in Baronia, that is, for performance of such seruice. These Bracton (a learned writer of the lawes of England in king Henrie the thirds time) tearmeth Barones, quasi robur belli. The word Baro indéed is older than that it may easilie be found from whence it came: for euen in the oldest histories both of the Germans and Frenchmen, written since the conquest, we read of barons, and those are at this daie called among the Germans Liberi vel Ingenui, or Freihers in the Germane toong as some men doo coniecture, or (as one saith) the citizens and burgesses of good townes and cities were called Barones. Neuerthelesse by diligent inquisition it is imagined, if not absolutelie found, that the word Baro and Filius in the old Scithian or Germane language are all one; so that the kings children are properlie called Barones, from whome also it was first translated to their kindred, and then to the nobilitie and officers of greatest honour indifferentlie. That Baro and Filius signifieth one thing, it yet remaineth to be séene, although with some corruption: for to this daie, euen the common sort doo call their male children barnes here in England, especiallie in the north countrie, where that word is yet accustomablie in vse. And it is also growne into a prouerbe in the south, when anie man susteineth a great hinderance, to saie, I am beggered and all my barnes. In the Hebrue toong (as some affirme) it signifieth Filij solis, and what are the nobilitie in euerie kingdome but Filij or serui regum? But this is farre fetched, wherefore I conclude, that from hensefoorth the originall of the word Baro shall not be anie more to seeke: and the first time that euer I red thereof in anie English historie, is in the reigne of Canutus, who called his nobilitie and head officers to a councell holden at Cirnecester, by that name, 1030, as I haue else-where remembred. Howbeit the word Baro dooth not alwaies signifie or is attributed to a noble man by birth or creation, for now and then it is a title giuen vnto one or other with his office, as the chéefe or high tribune of the excheker is of custome called lord chéefe baron, who is as it were the great or principall receiuer of accounts next vnto the lord treasuror, as they are vnder him are called Tribuni ærarij, & rationales. Hervnto I may ad so much of the word lord, which is an addition going not seldome and in like sort with sundrie offices, and to continue so long as he or they doo execute the same, and no longer.

[Sidenote: Bishops.] Vnto this place I also referre our bishops, who are accounted honourable, called lords, and hold the same roome in the parlement house with the barons, albeit for honour sake the right hand of the prince is giuen vnto them, and whose countenances in time past were much more glorious than at this present it is, bicause those lustie prelats sought after earthlie estimation and authoritie with farre more diligence than after the lost shéepe of Christ, of which they had small regard, as men being otherwise occupied and void of leisure to attend vpon the same. Howbeit in these daies their estate remaineth no lesse reuerend than before, and the more vertuous they are that be of this calling, the better are they estéemed with high and low. They reteine also the ancient name (lord) still, although it be not a little impugned by such as loue either to heare of change of all things, or can abide no superiours. For notwithstanding it be true, [Sidenote: 1. Sam ^b 15. 1. Reg. ^a 7.] that in respect of function, the office of the eldership is equallie distributed betwéene the bishop and the minister, yet for ciuill gouernements sake, the first haue more authoritie giuen vnto them by kings and princes, to the end that the rest maie thereby be with more ease reteined within a limited compasse of vniformitie, than otherwise they would be, if ech one were suffered to walke in his owne course. This also is more to be maruelled at, that verie manie call for an alteration of their estate, crieng to haue the word lord abolished, their ciuill authoritie taken from them, and the present condition of the church in other things reformed; whereas to saie trulie, few of them doo agrée vpon forme of discipline and gouernement of the church succedent: wherein they resemble the Capuans, of whome Liuie dooth speake in the slaughter of their senat. Neither is it possible to frame a whole monarchie after the patterne of one towne or citie, or to stirre vp such an exquisite face of the church as we imagine or desire, sith our corruption is such that it will neuer yéeld to so great perfection: for that which is not able to be performed in a priuat house, will much lesse be brought to passe in a common-wealth and kingdome, before such a prince be found as Xenophon describeth, or such an orator as Tullie hath deuised. But whither am I digressed from my discourse of bishops, whose estates doo daily decaie, & suffer some diminution? Herein neuerthelesse their case is growne to be much better than before, for whereas in times past the cleargie men were feared bicause of their authoritie and seuere gouernment vnder the prince, now are they beloued generallie for their painefull diligence dailie shewed in their functions and callings, except peraduenture of some hungrie wombes, that couet to plucke & snatch at the loose ends of their best commodities; with whom it is (as the report goeth) a common guise, when a man is to be preferred to an ecclesiasticall liuing, what part thereof he will first forgo and part with to their vse. Finallie, how it standeth with the rest of the clergie for their places of estate, I neither can tell nor greatlie care to know. Neuerthelesse with what degrées of honour and worship they haue béene [Sidenote: De Asia, cap. 12.] matched in times past Iohannes Bohemus in his De omnium gentium moribus, and others doo expresse; and this also found beside their reports, that in time past euerie bishop, abbat, and pelting prior were placed before the earles and barons in most statutes, charters, and records made by the prince, as maie also appeare in the great charter, and sundrie yeares of Henrie the third, wherein no duke was heard of. But as a number of their odious comparisons and ambitious titles are now decaied and worthilie shroonke in the wetting, so giuing ouer in these daies to mainteine such pompous vanitie, they doo thinke it sufficient for them to preach the word, & hold their liuings to their sées (so long as they shall be able) from the hands of such as indeuour for their owne preferrement to fléece and diminish the same. This furthermore will I adde generallie in commendation of the cleargie of England, that they are for their knowlege reputed in France, Portingale, Spaine, Germanie and Polonia, to be the most learned diuines, although they like not anie thing at all of their religion: and thereto they are in deed so skilfull in the two principall toongs, that it is accounted a maime in anie one of them, [Sidenote: No Gréeke, no grace.] not to be exactlie seene in the Greeke and Hebrue, much more then to be vtterlie ignorant or nothing conuersant in them. As for the Latine toong it is not wanting in anie of the ministerie, especiallie in such as haue beene made within this twelue or fourtéene yeares, whereas before there was small choise, and manie cures were left vnserued, bicause they had none at all. And to saie truth, our aduersaries were [Sidenote: Bene con, bene can, bene le.] the onelie causers hereof. For whilest they made no further accompt of their priesthood, than to construe, sing, read their seruice and their portesse, it came to passe that vpon examination had, few made in quéene Maries daies, and the later end of king Henrie, were able to doo anie more, and verie hardlie so much, so void were they of further skill, and so vnapt to serue at all.

[Sidenote: Duke, marquesse, earle, viscont.] Dukes, marquesses, earles, visconts, and barons, either be created of the prince, or come to that honor by being the eldest sonnes or highest in succession to their parents. For the eldest sonne of a duke during his fathers life is an erle, the eldest sonne of an erle is a baron, or sometimes a viscont, according as the creation is. The creation I call the originall donation and condition of the honour giuen by the prince for good seruice doone by the first ancestor, with some aduancement, which with the title of that honour is alwaies giuen to him and his heires males onelie. The rest of the sonnes of the nobilitie by the rigor of the law be but esquiers: yet in common spéech all dukes and marquesses sonnes, and earles eldest sonnes be called lords, the which name commonlie dooth agrée to none of lower degrée than barons, yet by law and vse these be not esteemed barons.

[Sidenote: Barons.] The baronie or degrée of lords dooth answer to the degree of senators of Rome (as I said) and the title of nobilitie (as we vse to call it in England) to the Romane Patricij. Also in England no man is commonlie created baron, except he maie dispend of yearelie reuenues a thousand pounds, or so much as maie fullie mainteine & beare out his countenance and port. But visconts, erles, marquesses, and dukes excéed them according to the proportion of their degrée & honour. But though by chance he or his sonne haue lesse, yet he kéepeth this degree: but if the decaie be excessiue and not able to mainteine the honour, as Senatores Romani were amoti à senatu: so sometimes they are not admitted to the vpper house in the parlement although they keepe the name of lord still, which can not be taken from them vpon anie such occasion. The most of these names haue descended from the French inuention, in whose histories we shall read of them eight hundred yeares passed.

[Sidenote: Of the second degrée of gentlemen.] This also is worthie the remembrance, that Otto the first emperour of that name, indeuouring to restore the decaied estate of Italie vnto some part of hir pristinate magnificence, did after the French example giue Dignitates & prædia to such knights and souldiers as had serued him in the warres, whom he also adorned with the names of dukes, marquesses, earles, valuasors or capteins, and valuasines.

[Sidenote: Prædia.] His Prædia in like maner were tributes, tolles, portage, bankage, stackage, coinage, profits by saltpits, milles, water-courses (and whatsoeuer emoluments grew by them) & such like. But at that present I read not that the word Baro was brought into those parts. And as for the valuasors, it was a denomination applied vnto all degrées of honor vnder the first three (which are properlie named the kings capteins) so that they are called Maiores, minores, & minimi valuasores. This also is to be noted, that the word capteine hath two relations, either as the possessor therof hath it from the prince, or from some duke, marquesse, or earle, for each had capteins vnder them. If from the [Sidenote: Valuasores.] prince, then are they called Maiores valuasores, if from anie of his thrée péeres, then were they Minores valuasores: but if anie of these Valuasors doo substitute a deputie, those are called Minimi valuasores, and their deputies also Valuasini, without regard vnto which degrée the valuasor dooth apperteine: but the word Valuasor is now growne out of vse, wherefore it sufficeth to haue said thus much of that function.

[Sidenote: Knights.] Knights be not borne, neither is anie man a knight by succession, no not the king or prince: but they are made either before the battell, to incourage them the more to aduenture & trie their manhood: or after the battell ended, as an aduancement for their courage and prowesse [Sidenote: Milites.] alreadie shewed (& then are they called Milites;) or out of the warres for some great seruice doone, or for the singular vertues which doo appeare in them, and then are they named Equites aurati, as common custome intendeth. They are made either by the king himselfe, or by his commission and roiall authoritie giuen for the same purpose: or by his lieutenant in the warres. This order seemeth to answer in part to [Sidenote: Equites aurati.] that which the Romans called Equitum Romanorum. For as Equites Romani were chosen Ex censu, that is, according to their substance and riches; so be knights in England most commonlie according to their yearelie reuenues or aboundance of riches, wherewith to mainteine their estates. Yet all that had Equestrem censum, were not chosen to be knights, and no more be all made Knights in England that may spend a knights lands, but they onelie whome the prince will honour. Sometime diuerse ancient gentlemen, burgesses, and lawiers, are called vnto knighthood by the prince, and neuerthelesse refuse to take that state vpon them, for which they are of custome punished by a fine, that redoundeth vnto his cofers, and to saie truth, is oftentimes more profitable vnto him than otherwise their seruice should be, if they did yeeld vnto knighthood. And this also is a cause, wherefore there be manie in England able to dispend a knights liuing, which neuer come vnto that countenance, and by their owne consents. The number of the knights in Rome was also vncerteine: and so is it of knights likewise with vs, as at the pleasure of the prince. And whereas the Equites Romani had Equum publicum of custome bestowed vpon them, the knights of England haue not so, but beare their owne charges in that also, as in other kind of furniture, as armorie méet for their defense and seruice. This neuerthelesse is certeine, that who so may dispend 40 pounds by the yeare of frée land, either at the coronation of the king, or mariage of his daughter, or time of his dubbing, may be inforced vnto the taking of that degrée, or otherwise paie the reuenues of his land for one yeare, which is onelie fortie pounds by an old proportion, and so for a time be acquited of that title. We name him knight in English that the French calleth Cheualier, and the Latins Equitem, or Equestris ordinis virum. And when any man is made a knight, he knéeling downe is striken of the king or his substitute with his sword naked vpon the backe or shoulder, the prince, &c: saieng, "Soyes cheualier au nom de Dieu." And when he riseth vp the king saith "Aduances bon cheualier." This is the maner of dubbing knights at this present, and the tearme (dubbing) is the old tearme for that purpose and not creation, howbeit in our time the word (making) is most in vse among the common sort.

[Sidenote: Knights of the bath.] At the coronation of a king or queene, there be other knights made with longer and more curious ceremonies, called knights of the bath. But how soeuer one be dubbed or made knight, his wife is by and by called madame or ladie, so well as the barons wife; he himselfe hauing added to his name in common appellation this syllable Sir, which is the title whereby we call our knights in England. His wife also of courtesie so long as she liueth is called my ladie, although she happen to marie with a gentleman or man of meane calling, albeit that by the c[=o]omon law she hath no such prerogatiue. If hir first husband also be of better birth than hir second, though this later likewise be a knight, yet in that she pretendeth a priuilege to loose no honor through courtesie yéelded to hir sex, she will be named after the most honorable or worshipfull of both, which is not séene elsewhere.

[Sidenote: Knights of the garter.] The other order of knighthood in England, and the most honorable is that of the garter, instituted by king Edward the third, who after he had gained manie notable victories, taken king Iohn of France, and king Iames of Scotland (and kept them both prisoners in the Tower of London at one time) expelled king Henrie of Castile the bastard out of his realme, and restored Don Petro vnto it (by the helpe of the prince of Wales and duke of Aquitaine his eldest sonne called the Blacke prince) he then inuented this societie of honour, and made a choise out of his owne realme and dominions, and throughout all christendome of the best, most excellent and renowmed persons in all vertues and honour, and adorned them with that title to be knights of his order, giuing them a garter garnished with gold and pretious stones, to weare dailie on the left leg onlie: also a kirtle, gowne, cloke, chaperon, collar, and other solemne and magnificent apparell, both of stuffe and fashion exquisite & heroicall to weare at high feasts, & as to so high and princelie an order apperteineth. Of this companie also he and his successors kings and queenes of England, be the souereignes, and the rest by certeine statutes and lawes amongst themselues be taken as brethren and fellowes in that order, to the number of six and twentie, as I find in a certeine treatise written of the same, an example whereof I haue here inserted word for word, as it was deliuered vnto me, beginning after this maner.

[Sidenote: Round table.] I might at this present make a long tractation of the round table and estate of the knights thereof, erected sometimes by Arthur the great monarch, of this Iland; and therevnto intreat of the number of his knights, and ceremonies belonging to the order, but I thinke in so dooing that I should rather set downe the latter inuentions of other men, than a true description of such ancient actions as were performed in deed. I could furthermore with more facilitie describe the roialtie of Charles the great & his twelue péeres, with their solemne rites and vsages: but vnto this also I haue no great deuotion, considering the truth hereof is now so stained with errours and fables inserted into the same by the lewd religious sort, that except a man should professe to lie with them for companie, there is little sound knowledge to be gathered hereof worthie the remembrance. In like maner diuerse aswell subiects as princes haue attempted to restore againe a round table in [Sidenote: Roger Mortimer.] this land (as for example Roger lord Mortimer at Killingworth) but such were the excessiue charges apperteining therevnto (as they did make allowance) and so great molestation dailie insued therevpon, beside the bréeding of sundrie quarrels among the knights, and such as resorted hitherto from forreine countries (as it was first vsed) that in fine they gaue it ouer, and suffered their whole inuentions to perish and decaie, till Edward the third deuised an other order not so much pestered with multitude of knights as the round table, but much more honorable for princelie port and countenance, as shall appeare hereafter.

[Sidenote: The occasion of the deuise.] The order of the garter therefore was deuised in the time of king Edward the third, and (as some write) vpon this occasion. The quéenes maiestie then liuing, being departed from his presence the next waie toward hir lodging, he following soone after happened to find hir garter, which slacked by chance and so fell from hir leg, vnespied in the throng by such as attended vpon hir. His groomes & gentlemen also passed by it, disdaining to stoope and take vp such a trifle: but he knowing the owner, commanded one of them to staie and reach it vp to him. Why and like your grace (saieth a gentleman) it is but some womans garter that hath fallen from hir as she followed the quéenes [Sidenote: Peradventure but a blue ribbon.] maiestie. What soeuer it be (quoth the king) take it vp and giue it me. So when he had receiued the garter, he said to such as stood about him: You my maisters doo make small account of this blue garter here (and therewith held it out) but if God lend me life for a few moneths, I will make the proudest of you all to reuerence the like. And euen vpon this slender occasion he gaue himselfe to the deuising of this order. Certes I haue not read of anie thing, that hauing had so simple a begining hath growne in the end to so great honour and estimation. But to proceed. After he had studied awhile about the performance of his deuise, and had set downe such orders as he himselfe inuented concerning the same, he proclamed a roiall feast to be holden at Windsore, whither all his nobilitie resorted with their ladies, where he published his institution, and foorthwith inuested an appointed number into the afore said fellowship, whose names insue, himselfe being the souereigne and principall of that companie. Next vnto himselfe also he placed

Edward Prince of Wales.
Henrie duke of Lancaster.
N. earle of Warw.
N. capt. de Bouche.
N. earle of Stafford.
N. earle of Sarum.
N. lord Mortimer.
Sir John Lisle.
Sir Bartholomew Burwash.
N. sonne of sir Iohn Beauchamp.
Sir N. de Mahun.
S. Hugh Courtneie.
S. Thomas Holland.
Sir Iohn Graie.
Sir Rich. Fitzsimon.
Sir Miles Stapleton.
Sir Thomas Wale.
Sir Hugh Wrotesley.
Sir Neale Lording.
Sir Iohn Chandos.
S. Iames Dawdleie.
Sir Otho Holland.
Sir Henrie Eme.
Sir Sanchet Dambricourt.
Sir Walter Pannell aliàs Paganell.