Chapter XXVII: Part 27

In speaking of parlement lawe, I haue in the chapiter precedent said somewhat of this high and most honorable court. Wherefore it shall not néed to remember ought héere that is there touched: I will onelie speake of other things therefore concerning the estate of assemblie, whereby the magnificence thereof shall be in some part better knowne vnto such as shall come after vs. This house hath the most high and absolute power of the realme, for thereby kings and mightie princes haue from time to time béene deposed from their thrones, lawes either enacted or abrogated, offendors of all sorts punished, and corrupted religion either dissanulled or reformed, which commonlie is diuided [Sidenote: The parlement house diuideth the estate of the realme into nobilitie and the commons.] into two houses or parts, the higher or vpper house consisting of the nobilitie, including all euen vnto the baron and bishop: the lower called the nether house of knights, squires, gentlemen, and burgesses of the commons, with whome also the inferior members of the cleargie are ioined, albeit they sit in diuerse places, and these haue to deale onelie in matters of religion, till it come that they ioine with the rest in confirmation of all such acts as are to passe in the same. For without the consent of the thrée estates, that is, of the nobilitie, cleargie, and laietie, sildome anie thing is said to be concluded vpon, and brought vnto the prince for his consent and allowance. To be short, whatsoeuer the people of Rome did in their Centuriatis or Tribunitijs comitijs, the same is and may be doone by authoritie of our parlement house, which is the head and bodie of all the realme, and the place wherein euerie particular person is intended to be present, if not by himselfe, yet by his aduocate or atturneie. For this cause also any thing ther enacted is not to be misliked, but [Sidenote: Time of summons.] obeied of all men without contradiction or grudge. By the space of fortie dais, before this assemblie be begun, the prince sendeth his writs vnto all his nobilitie particularlie, summoning them to appeare at the said court. The like he doth to the shiriffe of euerie countie; with commandement to choose two knights within ech of their counties, to giue their aduise in the name of the shire, likewise to euerie citie and towne, that they may choose their burgesses, which commonlie are men best skilled in the state of their citie or towne, either for the declaration of such benefits as they want, or to shew which waie to reforme such enormities as thorough the practises of ill members are practised and crept in among them: the first being chosen by the gentlemen of the shire, the other by the citizens and burgesses of euerie citie and towne, whereby that court is furnished. The first [Sidenote: Of the vpper house.] daie of the parlement being come, the lords of the vpper house, as well ecclesiasticall as temporall, doo attend vpon the prince, who rideth thither in person, as it were to open the doore of their authoritie; and being come into the place, after praiers made, and causes shewed, wherefore some not present are inforced to be absent, each man taketh his place according to his degrée. The house it selfe is curiouslie furnished with tapisterie, and the king being set in his throne, the spirituall lords take vp the side of the house which is on [Sidenote: Places of the peeres.] the right hand of the prince, and the temporall lords the left, I meane, so well dukes and earles, as viscounts and barons, as I before remembred. In the middest and a pretie distance from the prince, lie certeine sackes stuffed with wooll or haire, wheron the iudges of the realme, the master of the rols, and secretaries of estate doo sit. Howbeit these iudges haue no voice in the house, but onelie shew what their opinion is of such & such matters as come in question among the lords, if they be commanded so to doo: as the secretaries are to answer such letters or things passed in the councell, whereof they haue the custodie & knowledge. Finallie, the consent of this house is giuen by each man seuerallie, first for himselfe being present, then seuerallie for so manie as he hath letters & proxies directed vnto him, saieng onelie; Content or Not content, without any further debating. Of the number assembled in the lower house, I haue alreadie made a generall report in the chapter precedent, and their particulars shall follow here at hand. These therefore being called ouer by name [Sidenote: Of the lower house.] [Sidenote: Speaker.] do choose a speaker, who is as it were their mouth, and him they present vnto the prince, in whom it is either to refuse or admit him by the lord chancellor, who in the princes name dooth answer vnto his oration, made at his first entrance & presentation into the house, wherein he declareth the good liking that the king hath conceiued of [Sidenote: Petitions of the speaker.] his choise vnto that office & function. Being admitted, he maketh fiue requests vnto that honorable assemblie, first that the house may (as in times past) inioy hir former liberties and priuileges: secondlie, that the congregates may frankelie shew their minds vpon such matters as are to come in question: thirdlie, that if anie of the lower house doo giue anie cause of offense during the continuance of this assemblie, that the same may inflict such punishment vpon the partie culpable, as to the said assemblie shall be thought conuenient: fourthlie, if anie doubt should arise among them of the lower house, that he in their name might haue frée accesse and recourse vnto his maiestie & lords of the higher house, to be further instructed and resolued in the same: fiftlie and last, he craueth pardon for himselfe, if in his going to and fro betweene the houses, he forget or mistake anie thing, requiring that he may returne and be better informed in such things as he did faile in without offense: vnto which petitions the lord chancellor dooth answer as apperteineth, and this is doone on the first daie, or peraduenture the second, if it could not be conuenientlie performed in the first.

[Sidenote: Clerke of the parlement.] Beside the lord chancellor there is another in the vpper house called the clerke of the parlement, whose office is to read the billes. For euerie thing that commeth in consultation in either house, is first put in writing in paper, which being read, he that listeth riseth vp and speaketh either with it or against it, and so one after another so long as they shall thinke good; that doone they go to another, and so to the third, &c: the instrument still wholie or in part raced or reformed, as cause moueth for the amendment of the same if the substance be reputed necessarie. In the vpper house the lord chancellor demandeth if they will haue it ingrossed, that is to saie, put in parchment, which doone, it is read the third time, & after debating of the matter to and fro if the more part doo conclude withall, vpon the vtterance of these words, "Are ye contented that it be enacted or no?" the clerke writeth vnderneath "Soit baille aux commons," and so when they sée time they send such billes approued to the commons by some of them that sit on the wooll sackes, who comming into the house, & demanding licence to speake, doo vse this kind of words or the like to the speaker, as sir Thomas Smith dooth deliuer and set them downe, whose onelie direction I vse, and almost word for word in this chapter, requiting him with the like borowage as he hath vsed toward me in his discourse of the sundrie degrées of estates in the common-wealth of England, which (as I hope) shall be no discredit to his trauell. "Master speaker, my lords of the vpper house haue passed amongst them, and thinke good that there should be enacted by parlement such an act, and such an act (reading their titles in such sort as he receiued them) they praie you therefore to consider & shew your aduise vpon them." Which doone they go their waie, and the doore being shut after them, the speaker declareth what message was sent vnto them, and if they be then void of consultation vpon anie other bill, he presentlie demandeth what their pleasures are, first of one, then of another, &c: which are solemnelie read, or their contents bréeflie shewed and then debated vpon among them.

[Sidenote: Of the nether house.] The speaker sitteth in a chaire erected somewhat higher than the rest, that he may sée and be séene of all men, and before him on a lower seat sitteth his clerke, who readeth such bils as be first propounded in the lower house, or sent downe from the lords: for in that point each house hath equall authoritie to propound what they thinke méet, either for the abrogation of old or making of new lawes. All bils be thrise and on diuerse daies read and disputed vpon before they come to the question, which is, whether they shall be enacted or not; and in discourse vpon them, verie good order is vsed in the lower house, wherein he that will speake giueth notice thereof by standing vp bare headed. If manie stand vp at once (as now & then it happeneth) he speaketh first that was first seene to moue out of his place, and telleth his tale vnto the speaker, without rehersall of his name whose speches he meaneth to confute, so that with a perpetuall oration & not with altercation these discourses are continued. But as the partie confuted may not replie on that daie, so one man can not speake twise to one bill in one daie though he would change his opinion, but on the next he may speake againe, & yet but once as afore. No vile, seditious, vnreuerent or biting words are vsed in this assemblie, yet if anie happen to escape and be vttered, the partie is punished according to the censure of the assemblie and custome in that behalfe. In the afternoone they sit not except vpon some vrgent occasion, neither hath the speaker anie voice in that house, wherewith to moue or dissuade the furtherance or staie of anie bill, but his office is vpon the reading thereof breeflie to declare the contents. If anie bill passe, which commeth vnto them from the lords, it is thus subscribed, "Les commons ont assentus:" so if the lords agree vpon anie bill sent vnto them from the commons, it is subscribed after this maner, "Les seigniours ont assentus." If it be not agreed on after thrise reading, there is conference required and had betwéene the vpper and nether houses, by certeine appointed for that purpose vpon the points in question, wherevpon if no finall agréement by the more part can be obteined, the bill is dashed and reiected, or (as the saieng is) cleane cast out of the doores. None of the nether house can giue his voice by proxie but in his owne person, and after the bill twise read, then ingrossed and the third time read againe & discoursed vpon, the speaker asketh if they will go to the question, whervnto if they agree he holdeth vp the bill & saith; "So manie as will haue this bill go forward saie Yea:" hervpon so manie as allow of the thing crie Yea, the other No, & as the crie is more or lesse on either side, so is the bill to staie or else go forward. If the number of negatiue and affirmatiue voices seeme to be equall, so manie as allow of the bill go downe withall, the rest sit still, and being told by the poll the greater part doo carrie away the matter. If something be allowed and in some part reiected, the bill is put to certeine committées to be amended, & then being brought in againe, it is read and passeth or staieth as the voices yéeld therto. This is the order of the passage of our lawes, which are not ratified till both houses haue agréed vnto them, and yet not holden for law till the prince haue giuen his assent. Vpon the last daie therfore of the parlement or session, the prince commeth in person againe into the house, in his robes as at the first. Where after thanks giuen to the prince, first in the name of the lords by the lord chancellor, then in the name of the commons by the speaker for his great care of the welfare of his realme, &c: the lord chancellor in the princes name giueth thanks to the lords & commons likewise for their paines, with promise of recompense as opportunitie & occasion shall serue therefore. This doone one readeth the title of euerie act passed in that session, and then it is noted vpon them what the prince doth allow of with these words, "Le roy veult." If the prince like not of them, it is written vpon them "Le roy aduisera." And so those acts are dashed, as the other from thencefoorth are taken and holden for law, and all imprinted except such as concerne some priuat persons, which are onelie exemplified vnder the seale of the parlement, as priuileges to his vse. And this is the summe of the maner after which our parlements in England are holden, without which no forfaiture of life, member or lands of anie Englishman, where no law is ordeined for the same before hand, is auailable or can take place amongst vs. And so much in maner out of the third chapiter of the second booke of the common-wealth of England written by sir Thomas Smith: whervnto I will annex a table of the counties, cities, boroughs and ports, which send knights, burgesses, and barons to the parlement house, and dooth insue as followeth.

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

_Bedford._

Knights. 2
The borough of Bedford. 2

_Buckingham._

Knights. 2
The borough of Buckingham. 2
The borough of Wickombe. 2
The borough of Ailesburie. 2

_Barckeshire._

Knights. 2
The borough of New Windsore. 2
The borough of Reading. 2
The borough of Wallingford. 2
The borough of Abington. 2

_Cornewall._

Knights. 2
The borough of Launceston aliàs Newport. 2
The borough of Leskerd. 2
The borough of Lostwithiell. 2
The borough of Dunheuet. 2
The borough of Truro. 2
The borough of Bodmin. 2
The borough of Helston. 2
The borough of Saltash. 2
The borough of Camelford. 2
The borough of Portighsam aliàs Portlow. 2
The borough of Graunpount.
The borough of Eastlow. 2
The borough of Prurie. 2
The borough of Tregonie. 2
The borough of Trebenna aliàs Bossinnie. 2
The borough of S. Ies. 2
The borough of Fowaie. 2
The borough of Germine. 2
The borough of Michell. 2
The borough of saint Maries. 2

_Cumberland._

Knights. 2
The citie of Caerleill. 2

_Cambridge._

Knights. 2
The borough of Cambridge. 2

_Chester._

Knights. 2
The citie of Chester. 2

_Darbie._

Knights. 2
The borough of Darbie. 2

_Deuon._

Knights. 2
The citie of Excester. 2
The borough of Totnes. 2
The borough of Plimmouth. 2
The borough of Bardnestable. 2
The borough of Plimton. 2
The borough of Tauestocke. 2
The borough of Dartmouth, Clifton, and Herdines. 2

_Dorsetshire._

Knights. 2
The borough of Poole. 2
The borough of Dorchester. 2
The borough of Linne. 2
The borough of Melcombe. 2
The borough of Waiemouth. 2
The borough of Bureport. 2
The borough of Shaftesburie. 2
The borough of Warham. 2

_Essex._

Knights. 2
The borough of Colchester. 2
The borough of Malden. 2

_Yorkeshire._

Knights. 2
The citie of Yorke. 2
The borough of Kingston vpon Hull. 2
The borough of Knaresborough. 2
The borough of Skardborough. 2
The borough of Rippon. 2
The borough of Hudon. 2
The borough of Boroughbridge. 2
The borough of Thuske. 2
The borough of Aldebrough. 2
The borough of Beuerleie. 2

_Glocestershire._

Knights. 2
The citie of Glocester. 2
The borough of Cirencester. 2

_Huntingtonshire._

Knights. 2
The borough of Huntingdon. 2

_Hertfordshire._

Knights. 2
The borough of saint Albons. 2

_Herefordshire._

Knights. 2
The citie of Hereford. 2
The borough of Lempster. 2

_Kent._

Knights. 2
The citie of Canturburie. 2
The citie of Rochester. 2
The borough of Maidstone. 2
The borough of Quinborough. 2

_Lincolne._

Knights. 2
The citie of Lincolne. 2
The borough of Bostone. 2
The borough of great Grinesbie. 2
The borough of Stamford. 2
The borough of Grantham. 2

_Leicestershire._

Knights. 2
The borough of Leicester. 2

_Lancastershire._

Knights. 2
The borough of Lancaster. 2
The borough of Preston in Andernes. 2
The borough of Liuerpoole. 2
The borough of Newton. 2
The borough of Wigan. 2
The borough of Clithero. 2

_Middlesex._

Knights. 2
The citie of London. 4
The citie of Westminster. 2

_Monmouth._

Knights. 2
The borough of Monmouth. 1

_Northhampton._

Knights. 2
The citie of Peterborough. 2
The borough of Northhampton. 2
The borough of Barkleie. 2
The borough of Higham Ferres. 1

_Notingham._

Knights. 2
The borough of Notingham. 2
The borough of Estreatford. 2

_Norffolke._

Knights. 2
The citie of Norwich. 2
The borough of Linne. 2
The borough of great Iernemouth. 2
The borough of Thetford. 2
The borough of castell Rising. 2

_Northumberland._

Knights. 2
The borough of New castell vpon Tine. 2
The borough of Morpeth. 2
The borough of Barwike. 2

_Oxford._

Knights. 2
The citie of Oxford. 2
The borough of Bamburie. 2
The borough of Woodstocke. 2

_Rutland._

Knights. 2

_Surreie._

Knights. 2
The borough of Southwarke. 2
The borough of Blechingleigh. 2
The borough of Rigate. 2
The borough of Guildford. 2
The borough of Gatton. 2

_Stafford._

Knights. 2
The citie of Lichfield. 2
The borough of Stratford. 2
The borough of New castell vnder Linne. 2
The borough of Tamworth. 2

_Salop._

Knights. 2
The borough of Salop. 2
The borough of Bruges aliàs Bridgenorth. 2
The borough of Ludlow. 2
The borough of Wenlocke. 2

_Southhampton._

Knights. 2
The citie of Winton. 2
The borough of Southampton. 2
The borough of Portesmouth. 2
The borough of Peterfield. 2
The borough of Stockebridge. 2
The borough of Christ church. 2

_Suffolke._

Knights. 2
The borough of Ippeswich. 2
The borough of Dunwich. 2
The borough of Ortford. 2
The borough of Aldeborough. 2
The borough of Sudburie. 2
The borough of Eya. 2

_Summerset._

Knights. 2
The citie of Bristow. 2
The citie of Bath. 2
The citie of Welles. 2
The borough of Taunton. 2
The borough of Bridgewater. 2
The borough of Minehed. 2

_Sussex._

Knights. 2
The citie of Chichester. 2
The borough of Horsham. 2
The borough of Midhurst. 2
The borough of Lewes. 2
The borough of Shorham. 2
The borough of Brember. 2
The borough of Stening. 2
The borough of Eastgrenesteed. 2
The borough of Arundell. 2

_Westmerland._

Knights. 2
The borough of Appulbie. 2

_Wilton._

Knights. 2
The citie of New Sarum. 2
The borough of Wilton. 2
The borough of Dounton. 2
The borough of Hindon. 2
The borough of Heitesburie. 2
The borough of Westburie. 2
The borough of Calne. 2
The borough of Deuises. 2
The borough of Chipenham. 2
The borough of Malmesburie. 2
The borough of Cricklade. 2
The borough of Budwin. 2
The borough of Ludgesale. 2
The borough of Old Sarum. 2
The borough of Wotton Basset. 2
The borough of Marleborough. 2

_Worcester._

Knights. 2
The citie of Worcester. 2
The borough of Withée. 2

_Warwike._

Knights. 2
The citie of Couentrie. 2
The borough of Warwike. 2

_Barons of the ports._

Hastings. 2
Winchelseie. 2
Rie. 2
Rumneie. 2
Hithe. 2
Douer. 2
Sandwich. 2

_Mountgomerie._

Knights. 1
The borough of Mountgomerie. 1

_Flint._

Knights. 1
The borough of Flint. 1

_Denbigh._

Knights. 1
The borough of Denbigh. 1

_Merionneth._

Knights. 1
The borough of Hauerfordwest. 1

_Carneruan._

Knights. 1
The borough of Carneruan. 1

_Angleseie._

Knights. 1
The borough of Beaumares. 1

_Carmarden._

Knights. 1
The borough of new Carmarden. 1

_Pembroke._

Knights. 1
The borough of Pembroke. 1

_Cairdigan._

Knights. 1
The borough of Cairdigan. 1

_Brecknoch._

Knights. 1
The borough of Brecknoch. 1

_Radnor._

Knights. 1
The borough of Radnor. 1

_Glamorgan._

Knights. 1
The borough of Cardiffe. 1

¶ _The summe of the foresaid number of the common house_ videlicet, _of_

Knights. 90.
Citizens. 46.
Burgesses. 289.
Barons. 14.
----
439.
----

OF THE LAWES OF ENGLAND SINCE HIR FIRST INHABITATION.

CHAP. IX.

[Sidenote: Samothes.] That Samothes or Dis gaue the first lawes to the Celtes (whose kingdome he erected about the fiftéenth of Nimbrote) the testimonie of Berosus is proofe sufficient. For he not onelie affirmeth him to publish the same in the fourth of Ninus, but also addeth thereto, how there liued none in his daies of more excellent wisdome, nor politike inuention than he, whereof he was named Samothes, as some other do affirme. What his lawes were, it is now altogither vnknowne, as most things of this age; but that they were altered againe at the comming [Sidenote: Albion.] of Albion, no man can absolutelie denie, sith new lords vse commonlie to giue new lawes, and conquerors abolish such as were in vse before them.

[Sidenote: Brute.] The like also may be affirmed of our Brute, notwithstanding that the certeine knowledge so well of the one as of the other is perished, and nothing worthie memorie left of all their dooings. Somewhat yet we [Sidenote: Mulmutius.] haue of Mulmutius, who not onelie subdued such princes as reigned in this land, but also brought the realme to good order, that long before had béene torne with ciuill discord. But where his lawes are to be found, and which they be from other mens, no man liuing in these daies is able to determine.

Certes, there was neuer prince in Britaine, of whome his subiects conceiued better hope in the beginning, than of Bladudus, and yet I read of none that made so ridiculous an end: in like sort there hath not reigned anie monarch in this Ile, whose waies were more feared at [Sidenote: The praise of Dunwallon.] the first, than those of Dunwallon (king Henrie the fift excepted) and yet in the end he prooued such a prince, as after his death there was in maner no subiect, that did not lament his funerals. And this onelie for his policie in gouernance, seuere administration of iustice, and prouident framing of his lawes and constitutions, for the gouernment of his subiects. His people also, coueting to continue his name vnto posteritie, intituled those his ordinances according to their maker, calling them by the name of the lawes of Mulmutius, which indured in execution among the Britons, so long as our homelings had the dominion of this Ile. Afterward when the comeling Saxons had once obteined the superioritie of the kingdom, the maiestie of those lawes fell for a time into such decaie, that although "Non penitùs cecidit, tamen potuit cecidisse videri," as Leland saith, and the decrées themselues had vtterlie perished in déed at the verie first brunt, had they not beene preserued in Wales, where they remained amongst the relikes of the Britons, & not onlie vntill the comming of the Normans, but euen vntill the time of Edward the first, who obteining the souereigntie of that portion, indeuoured verie earnestlie to extinguish those of Mulmutius, and to establish his owne.

But as the Saxons at their first arriuall did what they could to abolish the British lawes, so in processe of time they yéelded a little to relent, & not so much to abhorre and mislike of the lawes of Mulmutius, as to receiue and imbrace the same, especiallie at such time as the said Saxon princes entered into amitie with the British nobilitie, and after that began to ioine in matrimonie with the British ladies, as the British barons did with the Saxon frowes, both by an especiall statute and decrée, wherof in another treatise I haue made mention at large. Héerof also it came to passe in the end, that they were contented to make a choise, and insert no small numbers of them into their owne volumes, as may be gathered by those of Athelbert the great, surnamed king of Kent, Inas and Alfred kings of the west Saxons, and diuerse other yet extant to be séene. Such also was the lateward estimation of them, that when anie of the Saxon princes went about to make new ordinances, they caused those of Mulmutius (which Gildas sometime translated into Latine) to be first expounded vnto them, and in this perusall if they found anie there alreadie framed, that might serue their turnes, they foorthwith reuiued the same, and annexed them to their owne.

But in this dealing, the diligence of Alfred is most of all to be commended, who not onelie chose out the best, but gathered togither all such whatsoeuer the said Mulmutius had made: and then to the end they should lie no more in corners as forlorne bookes, and vnknowne to the learned of his kingdome, he caused them to be turned into the Saxon toong, wherein they continued long after his decease.

As for the Normans, who for a season neither regarded the British, nor cared for the Saxon statutes, they also at the first vtterlie misliked of them, till at the last, when they had well weied that one kind of regiment is not conuenient for all peoples, and that no stranger, being in a forren countrie newlie brought vnder obedience, could make such equall ordinances, as he might thereby gouerne his new common-wealth without some care & trouble: they fell in with such a desire to sée by what rule the state of the land was gouerned in time of the Saxons, that hauing perused the same, they not onelie commended their maner of regiment, but also admitted a great part of their lawes (now currant vnder the name of S. Edwards lawes, and vsed as principles and grounds) whereby they not onelie qualified the rigor of their owne, and mitigated their almost intollerable burden of seruitude which they had latelie laid vpon the shoulders of the English, but also left vs a great number of the old Mulmutian lawes, whereof the most part are in vse to this daie as I said, albeit that we know not certeinlie how to distinguish them from others, that are in strength amongst vs.

[Sidenote: Martia.] After Dunwallon, the next lawgiuer was Martia, whome Leland surnameth Proba; and after him Iohn Bale also, who in his Centuries dooth iustlie confesse himselfe to haue béene holpen by the said Leland, as I my selfe doo likewise for manie things conteined in this treatise. Shée was wife vnto Gutteline king of the Britons: and being made protectrix of the realme, after hir husbands deceasse in the nonage of hir sonne, and séeing manie things dailie to grow vp among hir people worthie reformation, she deuised sundrie and those verie politike lawes, for the gouernance of hir kingdome, which hir subiects when she was dead and gone, did name the Martian statutes. Who turned them into Latine, as yet I doo not read, howbeit (as I said before of the lawes of Mulmutius) so the same Alfred caused those of this excellentlie well learned ladie (whome diuerse commend also for hir great knowledge in the Gréeke toong) to be turned into his owne language, wherevpon it came to passe that they were dailie executed among his subiects, afterward allowed of (among the rest) by the Normans, and finallie remaine in vse in these our daies, notwithstanding that we can not disseuer them also verie readilie from the other.

The seuenth alteration of lawes was practised by the Saxons, for I ouerpasse the vse of the ciuill ordinances vsed in Rome, finallie brought hither by the Romans, & yet in perfect notice among the Ciuilians of our countrie, though neuer generallie nor fullie receiued by all the seuerall regions of this Iland. Certes there are great numbers of these later, which yet remaine in sound knowlege, and are to be read, being comprehended for the most part vnder the names of [Sidenote: Martian Law.] [Sidenote: Saxon Law.] [Sidenote: Dane Law.] the Martian and the Saxon law. Beside these also I read of the Dane law, so that the people of middle England were ruled by the first, the west Saxons by the second; as Essex, Norffolke, Suffolke, Cambridgeshire, and part of Herfordshire were by the third, of all the rest the most inequall and intollerable. And as in these daies what soeuer the prince in publike assemblie commanded vpon the necessitie of his subiects, or his owne voluntarie authoritie, was counted for law: so none of them had appointed anie certeine place, wherevnto his people might repaire at fixed times for iustice, but caused them to resort commonlie to their palaces, where in proper person they would often determine their causes, and so make shortest worke, or else commit the same to the hearing of other, and so dispatch them awaie. Neither had they any house appointed to assemble in for the making of their ordinances, as we haue now at Westminster. Wherefore Edmund gaue lawes at London & Lincolne, Ethelred at Habam, Alfred at Woodstock and Wannetting, Athelstane in Excester, Grecklade, Feuersham, & Thundersleie, Canutus at Winchester, &c: other in other places, whereof this may suffice.

Among other things also vsed in the time of the Saxons, it shall not be amisse to set downe the forme of their Ordalian law, which they brought hither with them from beyond the seas out of Scithia, and vsed onelie in the triall of guiltie and vnguiltinesse. Certes it conteined not an ordinarie procéeding by daies and termes, as in the ciuill and common law we sée practised in these daies; but a short dispatch & triall of the matter by fire or water, whereof at this present I will deliuer the circumstance, as I haue faithfullie translated it out of an ancient volume, and conferred with an imprinted copie, latelie published by M. Lambert, and now extant to be read. Neuerthelesse, as the Scithians were the first that vsed this practise, so I read that it was taken vp and occupied also in France in processe of time, yea and likewise in Grecia, as G. Pachymerus remembreth in the first booke of his historie (which beginneth with the empire of M. Paleologus) where he noteth his owne sight and vew in that behalfe. But what stand I herevpon?

[Sidenote: Ordalian law.] The Ordalian (saith the aforesaid author) was a certeine maner of [Sidenote: Fire.] purgation vsed two waies, wherof the one was by fire, the other by water. In the execution of that which was doone by fire, the partie accused should go a certeine number of pases, with an hot iron in his hand, or else bare footed vpon certeine plough shares red hot, according to the maner. This iron was sometime of one pound weight, and then was it called single Ordalium, sometimes of thrée, and then named treble Ordalium, and whosoeuer did beare or tread on the same without hurt of his bodie he was adiudged guiltlesse, otherwise if his skin were scorched, he was foorthwith condemned as guiltie of the trespasse whereof he was accused, according to the proportion and quantitie of the burning.

[Sidenote: Water.] There were in like sort two kinds of triall by the water, that is to say, either by hot or cold: and in this triall the partie thought culpable, was either tumbled into some pond or huge vessell of cold water, wherein if he continued for a season, without wrestling or strugling for life, he was foorthwith acquited as guiltlesse of the fact wherof he was accused: but if he began to plunge, and labour once for breath immediatlie vpon his falling into that liquor, he was by and by condemned as guiltie of the crime. Or else he did thrust his arme vp to the shoulder into a lead, copper, or caldron of seething water, from whence if he withdrew the same without anie maner of damage, he was discharged of further molestation: otherwise he was taken for a trespasser, and punished accordinglie. The fierie maner of purgation belonged onelie to noble men and women, and such as were frée borne: but the husbandmen and villaines were tried by water. Wherof to shew the vnlearned dealing and blind ignorance of those times, it shall not be impertinent to set foorth the whole maner, which continued here in England vntill the time of King Iohn, who séeing the manifold subtilties in the same (by sundrie sorcerous and artificiall practises whereby the working of the said elements were restreined) did extinguish it altogither as flat lewdnesse and bouerie. The Rubrike of the treatise entereth thus: "_Here beginneth the execution of iustice, whereby the giltie or vngiltie are tried by hot iron._ Then it followeth: _After accusation lawfullie made, and three daies spent in fasting and praier, the priest being clad in all his holie vestures, sauing his vestiment, shall take the iron laid before the altar with a paire of tongs, and singing the hymne of the three children_, that is to saie, O all ye workes of God the Lord, and in Latine Benedicite omnia opera, &c: _he shall carie it solemnelie to the fire (alreadie made for that purpose) and first saie these words ouer the place where the fire is kindled, whereby this purgation shall be made in Latine as insueth:_ Benedic Domine Deus locum istum, vt sit nobis in eo sanitas, sanctitas, castitas, virtus, & victoria, & sanctimonia, humilitas, bonitas, lenitas, & plenitudo legis, & obedientia Deo patri, & filio, & spiritui sancto. Hæc benedictio sit super hunc locum, & super omnes habitantes in eo. _In English:_ Blesse thou O Lord this place, that it may be to vs health, holinesse, chastitie, vertue, and victorie, purenesse, humilitie, goodnesse, gentlenesse, and fulnesse of the law, and obedience to God the father, the sonne, and the holie ghost. This blessing be vpon this place, and all that dwell in it. _Then followeth the blessing of the fire._ Domine Deus pater omnipotens, lumen indeficiens, exaudi nos, quia tu es conditor omnium luminum. Benedic Domine hoc lumen, quod ante sanctificatum est, qui illuminasti omnem hominem venientem in hunc mundum (vel mundum) vt ab eo lumine accendamur igne claritatis tuæ. Et sicut igne illuminasti Mosen, ita nunc illumina corda nostra, & sensus nostros, vt ad vitam æternam mereamur peruenire, per Christum, &c. Lord God father almightie, light euerlasting, heare vs, sith thou art the maker of all lights. Blesse O Lord this light, that is alreadie sanctified in thy sight, which hast lightned all men that come into the world (or the whole world) to the end that by the same light we may be lightned with the shining of thy brightnesse. As thou diddest lighten Moses, so now illuminate our hearts, and our senses, that we may deserue to come to euerlasting life, through Christ our, &c. _This being ended let him say the_ Pater noster, &c: _then these words:_ Saluum fac seruum, &c. Mitte ei auxilium Deus, &c. De Sion tuere eum, &c. Dominus vobiscum, &c. _That is_, O Lord saue thy seruant, &c. Send him helpe O God from thy holie place, &c. Defend him out of Sion, &c. Lord heare, &c. The Lord be with you, &c.

"_The praier._ Benedic Domine sancte pater, omnipotens Deus, per inuocationem sanctissimi nominis tui, & per aduentum filij tui, atque per donum spiritus paracleti, ad manifestandum verum iudicium tuum, hoc genus metalli, vt sit sanctificatum, & omni dæmonum falsitate procul remota, veritas veri iudicij tui fidelibus tuis manifesta fiat, per eundem Dominum, &c. _In English:_ Blesse we beséech thee O Lord, holie father, euerlasting God, through the inuocation of thy most holie name, by the comming of thy sonne, and gift of the holie ghost, and to the manifestation of thy true iudgement, this kind of mettall, that being hallowed, and all fraudulent practises of the diuels vtterlie remoued, the manifest truth of thy true iudgement may be reuealed, by the same Lord Iesus, &c.

"_After this, let the iron be laid into the fire, and sprinkled with holie water, and whilest it heateth, let the priest go to masse, and doo as order requireth: and when he hath receiued the host, he shall call the man that is to be purged (as it is written hereafter) first adiuring him, and then permitting him to communicate according to the maner._

_The office of the masse._

"Iustus es Domine, &c. O Lord thou art iust, &c.

_The Praier._

"Absolue quæsumus Domine delicta famuli tui, vt à peccatorum suorum nexibus, quæ pro sua fragilitate contraxit, tua benignitate liberetur, & in hoc iudicio quoad meruit, iustitia tua præueniente, ad veritatis censuram peruenire mereatur, per Christum Dominum, &c. _That is:_ Pardon we beséech thée O Lord, the sinnes of thy seruant, that being deliuered from the burden of his offenses, wherewith he is intangled, he may be cleared by thy benignitie, and in this his triall (so far as he hath deserued thy mercie preuenting him) he may come to the knowledge of the truth, by Christ our Lord, &c.

_The Gospell._ Mar. 10.

"In illo tempore, cùm egressus esset Iesus in via, procurrens quidam genu flexo ante eum, rogabat eum dicens, Magister bone, quid faciam vt vitam æternam percipiam? Iesus autem dixit ei, Quid me dicis bonum? &c. In those daies when Iesus went foorth toward his iourneie, and one méeting him in the waie running, and knéeling vnto him, asked him saieng: Good master what shall I doo that I may possesse eternall life? Iesus said vnto him, Whie callest thou me good? &c. _Then followeth the secret, and so foorth all of the rest of the masse. But before the partie dooth communicate, the priest shall vse these words vnto him:_ Adiuro te per patrem, & filium, & spiritum sanctum, & per veram christianitatem quam suscepisti, & per sanctas relliquias quæ in ista ecclesia sunt, & per baptismum quo te sacerdos regenerauit, vt non præsumas vllo modo communicare, neq; accedere ad altare, si hoc fecisti aut consensisti, &c. I adiure thée by the father, the sonne, and the holie Ghost, by the true christendome which thou hast receiued, by the holie relikes which are in this church, and by the baptisme wherewith the priest hath regenerated thée, that thou presume not by any maner of means to communicate, nor come about the altar, if thou hast doone or consented vnto this, whereof thou art accused, &c. [Sidenote: The cup yet in vse.] _Here let the priest suffer him to communicate, saieng;_ Corpus hoc, & sanguis Domini nostri Iesu Christi, sit tibi ad probationem hodie. This bodie & this bloud of our Lord Iesus Christ, be vnto thee a triall this daie. _The praier:_ Perceptis Domine Deus noster sacris muneribus, supplices deprecamur, vt huius participatio sacramenti à proprijs nos reatibus expediat, & in famulo tuo veritatis sententiam declaret, &c. Hauing receiued O Lord God these holie mysteries, we humblie beséech thée that the participation of this sacrament may rid vs of our guiltinesse, and in this thy seruant set foorth the truth. _Then shall follow_ Kyrieleson, _the Letanie, and certeine Psalmes, and after all them_ Oremus: Let vs praie. Deus qui per ignem signa magna ostendens, Abraham puerum tuum de incendio Chaldæorum quibusdam pereuntibus eruisti, Deus qui rubum ardere ante conspectum Mosis & minimè comburi permisisti, Deus qui de incendio fornacis Chaldaicis plerisque succensis, tres pueros tuos illæsos eduxisti, Deus qui incendio ignis populum Sodomæ inuoluens, Loth famulum tuum cum suis salute donasti, Deus qui in aduentu sancti spiritus tui, illustratione ignis fideles tuos ab infidelibus decreuisti: ostende nobis in hoc prauitatis nostræ examine virtutem eiusdem spiritus, &c: & per ignis huius feruorem discernere infideles, vt à tactu eius cuius inquisitio agitur, conscius exhorrescat, & manus eius comburatur, innocens verò p[oe]nitus illæsus permaneat, &c. Deus cuius noticiam nulla vnquam secreta effugiunt, fidei nostræ tua bonitate responde, & præsta vt quisquis purgandi se gratia, hoc ignitum tulerit ferrum, vel absoluatur vt innocens, vel noxius detegatur, &c. _In English thus:_ O God, which in shewing great tokens by fire diddest deliuer Abraham thy seruant from the burning of the Chaldeis, whilest other perished; O God which sufferedst the bush to burne in the sight of Moses, and yet not to consume; O God which deliueredst the thrée children from bodilie harme in the fornace of the Chaldeis, whilest diuerse were consumed; O God which by fire didst wrap the people of Sodome in their destruction, and yet sauedst Lot and his daughters from perill; O God which by the shining of thy brightnesse at the comming of the holie ghost in likenesse of fire, diddest separate the faithfull from such as beléeued not: shew vnto vs in the triall of this our wickednesse, the power of the same spirit, &c: and by the heat of this fire discerne the faithfull from the vnfaithfull, that the guiltie whose cause is now in triall, by touching thereof, may tremble and feare, and his hand be burned, or being innocent, that he may remaine in safetie, &c. O God from whome no secrets are hidden, let thy goodnesse answer to our faith, and grant that whosoeuer in this purgation, shall touch and beare this iron, may either be tried an innocent, or reuealed as an offender, &c. _After this the priest shall sprinkle the iron with holie water saieng:_ The blessing of the father, the sonne, and the holie ghost, be vpon this iron, to the reuelation of the iust iudgement of God. _And foorthwith let him that is accused beare it, by the length of nine foot, and then let his hand be wrapped and sealed vp for the space of three daies: after this if any corruption or raw flesh appeare where the iron touched it, let him be condemned as guiltie: if it be whole and sound, let him giue thanks to God._" And [Sidenote: Water.] thus much of the firie Ordalia, wherevnto that of the water hath so precise relation, that in setting foorth of the one, I haue also described the other, wherefore it shall be but in vaine to deale anie further withall.

Hitherto also (as I thinke) sufficientlie of such lawes as were in vse before the conquest. Now it resteth that I should declare the order of those, that haue beene made and receiued since the comming of the Normans, referred to the eight alteration or change of our maner of gouernance, and therevnto doo produce thrée score and foure seuerall courts. But for asmuch as I am no lawier, and therefore haue but little skill to procéed in the same accordinglie, it shall suffice to set downe some generall discourse of such as are vsed in our daies, and so much as I haue gathered by report and common heare-saie.

[Sidenote: Ciuill law.] We haue therefore in England sundrie lawes, and first of all the ciuill, vsed in the chancerie, admeraltie, and diuerse other courts, in some of which, the seuere rigor of iustice is often so mitigated by conscience, that diuerse things are thereby made easie and tollerable, which otherwise would appeare to be méere iniurie and extremitie.

[Sidenote: Canon law.] We haue also a great part of the Canon law dailie practised among vs, especiallie in cases of tithes, contracts of matrimonie, and such like, as are vsuallie to be séene in the consistories of our bishops and higher courts of the two archbishops, where the exercise of the same is verie hotlie followed. The third sort of lawes that we haue are our owne, & those alwaies so variable, & subiect to alteration and change, that oft in one age, diuerse iudgements doo passe vpon one maner of case, whereby the saieng of the poet,

"Tempora mutantur, & nos mutamur in illis,"

[Sidenote: Lawiers of England not alwaies constant in iudgment.] may verie well be applied vnto such, as being vrged with these words; In such a yeare of the prince, this opinion was taken for sound law; doo answer nothing else, but that the iudgement of our lawiers is now altered, so that they saie farre otherwise. The regiment that we haue therefore after our owne ordinances, dependeth vpon thrée lawes, to wit, Statute law, Common law, Customarie law, and Prescription, according to the triple maner of our trials and iudgments, which is by parlement, verdict of twelue men at an assise, or wager of battell, of which the last is little vsed in our daies, as no appeale dooth hold in the first and last rehearsed. But to returne to my purpose.

[Sidenote: Parlement law.] The first is deliuered vnto vs by parlement, which court, being for the most part holden at Westminster néere London, is the highest of all other, & consisteth of three seuerall sorts of people, that is to saie, the nobilitie, cleargie, and commons of this realme. And thereto is not summoned, but vpon vrgent occasion when the prince dooth see his time, and that by seuerall writs, dated commonlie full six wéekes before it begin to be holden. Such lawes as are agreed vpon in the higher house by the lords spirituall and temporall, and in the lower house by the commons and bodie of the realme (whereof the conuocation of the cleargie holden in Powles, or if occasion so require in Westminster church, is a member) there speaking by the mouth of the knights of the shire and burgesses, remaine in the end to be confirmed by the prince, who commonlie resorteth thither of custome, vpon the first and last daies of this court, there to vnderstand what is doone, and giue his roiall consent to such statutes as him liketh of. Comming therefore thither into the higher house, and hauing taken his throne, the speaker of the parlement (for one is alwaies appointed to go betwéene the houses, as an indifferent mouth for both) readeth openlie the matters there determined by the said thrée estates, and then craueth the princes consent and finall confirmation to the same. The king hauing heard the summe and principall points of each estatute brieflie recited vnto him, answereth in French with great deliberation vnto such as he liketh ("Il nous plaist") but to the rest "Il ne plaist," whereby the latter are made void and frustrate. That also which his maiestie liketh of, is hereby authorised, confirmed, & euer after holden for law, except it be repealed in anie the like assemblie. The number of the commons assembled in the lower house, [Sidenote: Number of congregates in the parlement.] beside the cleargie, consisteth of ninetie knights. For each shire of England hath two gentlemen or knights of greatest wisedome and reputation, chosen out of the bodie of the same for that onelie purpose, sauing that for Wales one onlie is supposed sufficient in euerie countie, whereby the number afore mentioned is made vp. There are likewise fourtie and six citizens, 289 burgesses, and fouretéene barons, so that the whole assemblie of the laitie of the lower house, consisteth of foure hundred thirtie and nine persons, if the iust number be supplied. Of the lawes here made likewise some are penall and restraine the common law, and some againe are found to inlarge the same. The one sort of these also are for the most part taken strictlie according to the letter, the other more largelie and beneficiallie after their intendment and meaning.

[Sidenote: Common law.] The Common law standeth vpon sundrie maximes or principles, and yeares or termes, which doo conteine such cases as by great studie and solemne argument of the iudges sound practise confirmed by long experience, fetched euen from the course of most ancient lawes made farre before the conquest, and thereto the déepest reach and foundations of reason, are ruled and adiudged for law. Certes these cases are otherwise called plees or action, wherof there are two sorts, the one criminall and the other ciuill. The meanes and messengers also to determine those causes are our writs or bréefes, whereof there are some originall and some iudiciall. The parties plaintiffe & defendant when they appeare procéed (if the case doo so require) by plaint or declaration, barre or answer, replication, reioinder, and so by rebut, surrebut to issue and triall if occasion so fall out, the one side affirmatiuelie, the other negatiuelie as common experience teacheth. Our trials and recoueries are either by verdict and demourre, confession or default, wherein if anie negligence or trespasse hath béene committed, either in processe and forme, or in matter and iudgement, the partie grieued may haue a writ of errour to vndoo the same, but not in the same court where the former iudgement was giuen.

[Sidenote: Customarie law.] Customarie law consisteth of certeine laudable customes vsed in some priuat countrie, intended first to begin vpon good and reasonable considerations, as gauell kind, which is all the male children equallie to inherit, and continued to this daie in Kent: where it is onelie to my knowledge reteined, and no where else in England. It was at the first deuised by the Romans, as appeareth by Cæsar in his c[=o]mentaries, wherein I find, that to breake and daunt the force of the rebellious Germans, they made a law that all the male children (or females for want of males which holdeth still in England) should haue their fathers inheritance equallie diuided amongst them. By this meanes also it came to passe, that whereas before time for the space of sixtie yeares, they had put the Romans to great and manifold troubles, within the space of thirtie yeares after this law made, their power did wax so feeble, and such discord fell out amongst themselues, that they were not able to mainteine warres with the Romans, nor raise anie iust armie against them. For as a riuer runing with one streame is swift and more plentifull of water than when it is drained or drawne into manie branches: so the lands and goods of the ancestors being dispersed amongst their issue males, of one strong there were raised sundrie weake, whereby the originall or generall strength to resist the aduersarie, became infeebled and brought almost to nothing. "Vis vnita (saith the philosopher) fortior est eadem dispersa," and one good pursse is better than manie euill, and when euerie man is benefited alike, each one will séeke to mainteine his priuate estate, and few take care to prouide for publike welfare.

Burrow kind, is where the yoongest is preferred before the eldest, which is the custome of manie countries of this region; also the woman to haue the third of hir husbands possessions, the husband that marieth an heire to haue such lands as moue by hir during his naturall life, if he suruiue hir, and hath a child by hir which hath béene heard crie thorough foure wals, &c: of such like to be learned elsewhere, and sometimes frequented generallie ouer all.

[Sidenote: Prescription.] Prescription is a certeine custome, which hath continued time out of minde, but it is more particular than customarie law, as where onelie a parish or some priuat person dooth prescribe to haue common, or a waie in another mans soile, or tithes to be paid after this or that maner, I meane otherwise than the common course and order of the law requireth, whereof let this suffice at this time, in stéed of a larger discourse of our owne lawes, least I should seeme to enter farre into that whereof I haue no skill. For what hath the meditation of the law of God to doo with anie precise knowledge of the law of man, sith they are seuerall trades, and incident to diuerse persons?