Chapter XXXI: Part 31

In the beginning of the Saxons regiment we had some ships also, but as their number and mould was litle and nothing to the purpose, so Egbert was the first prince that euer throughlie began to know this necessitie of a nauie, and vse the seruice thereof in the defense of his countrie. After him also other princes, as Alfred, Edgar, Ethelred, &c: indeuoured more and more to store themselues at the full with ships of all quantities, but chieflie Edgar, for he prouided a nauie of 1600 aliàs 3600 saile, which he diuided into foure parts, and sent them to abide vpon foure sundrie coasts of the land to keepe the same from pirats. Next vnto him (and worthie to be remembred) is Etheldred, who made a law, that euerie man holding 310 hidelands, should find a ship furnished to serue him in the warres. Howbeit, and as I said before, when all their nauie was at the greatest, it was not comparable for force and sure building, to that which afterward the Normans prouided; neither that of the Normans anie thing like to the same that is to be séene now in these our daies. For the iourneies also of our ships, you shall vnderstand, that a well builded vessell will run or saile commonlie thrée hundred leagues or nine hundred miles in a wéeke, or peraduenture some will go 2200 leagues in six wéekes and an halfe. And suerlie, if their lading be readie against they come thither, there will be of them that will be here, at the west Indies, & home againe in twelue or thirteene wéekes from Colchester; although the said Indies be eight hundred leagues from the cape or point of Cornewall, as I haue beene informed. This also I vnderstand by report of some trauellers, that if anie of our vessels happen to make a voiage to Hispaniola or new Spaine, called in time past Quinquezia and Haiti, and lieth betwéene the north tropike and the equator, after they haue once touched at the Canaries, (which are eight daies sailing or two hundred and fiftie leages from S. Lucas de Barameda in Spaine) they will be there in thirtie or fourtie daies, & home againe in Cornewall in other eight wéekes, which is a goodlie matter, beside the safetie and quietnesse in the passage. But more of this elsewhere.

OF FAIRES AND MARKETS.

CHAP. XVIII.

There are (as I take it) few great townes in England, that haue not their wéekelie markets, one or more granted from the prince, in which all maner of prouision for houshold is to be bought and sold, for ease and benefit of the countrie round about. Wherby as it c[=o]meth to passe that no buier shall make anie great iourneie in the purueiance of his necessities: so no occupier shall haue occasion to trauell far off with his commodities, except it be to séeke for the highest prices, which commonlie are néere vnto great cities, where round and spéediest vtterance is alwaies to be had. And as these haue béene in times past erected for the benefit of the realme, so are they in many places too too much abused: for the reliefe and ease of the buier is not so much intended in them, as the benefit of the seller. Neither are the magistrats for the most part (as men loth to displease their neighbours for their one yeares dignitie) so carefull in their offices, as of right and dutie they should bée. For in most of these markets neither assises of bread nor orders for goodnesse and swéetnesse of graine, and other commodities that are brought thither to be sold, are anie whit looked vnto; but ech one suffered to sell or set vp what and how himselfe listeth: & this is one euident cause of dearth and scarsitie in time of great abundance.

I could (if I would) exemplifie in manie, but I will touch no one particularlie, sith it is rare to sée in anie countrie towne (as I said) the assise of bread well kept according to the statute. And yet if anie countrie baker happen to come in among them on the market daie with bread of better quantitie, they find fault by and by with one thing or another in his stuffe; whereby the honest poore man, whome the law of nations doo commend, for that he indeuoureth to liue by anie lawfull meanes, is driuen awaie, and no more to come there vpon some round penaltie, by vertue of their priuileges. Howbeit though they are so nice in the proportion of their bread, yet in lieu of the same, there is such headie ale & béere in most of them, as for the mightinesse thereof among such as séeke it out, is commonlie called huffecap, the mad dog, father whoresonne, angels food, dragons milke, go by the wall, stride wide, and lift leg, &c. And this is more to be noted, that when one of late fell by Gods prouidence into a troubled c[=o]science, after he had considered well of his reachlesse life, and dangerous estate: another thinking belike to change his colour and not his mind, caried him straightwaie to the strongest ale, as to the next physician. It is incredible to saie how our maltbugs lug at this liquor, euen as pigs should lie in a row, lugging at their dames teats, till they lie still againe, and be not able to wag. Neither did Romulus and Remus sucke their shee woolfe or shéepheards wife Lupa, with such eger and sharpe deuotion, as these men hale at hufcap, till they be red as cockes, & litle wiser than their combs. But how am I fallen from the market into the alehouse? In returning therefore vnto my purpose, I find that in corne great abuse is dailie suffered, to the great preiudice of the towne and countrie, especiallie the poore artificer and householder, which tilleth no land, but laboring all the wéeke to buie a bushell or two of graine on the market daie, can there haue none for his monie: bicause bodgers, loders, and common carriers of corne doo not onlie buie vp all, but giue aboue the price, to be serued of great quantities. Shall I go anie further? Well I will saie yet a little more, and somewhat by mine owne experience.

At Michaelmasse time poore men must make monie of their graine, that they may paie their rents. So long then as the poore man hath to sell, rich men will bring out none, but rather buie vp that which the poore bring, vnder pretense of seed corne, or alteration of graine, although they bring none of their owne, bicause one wheat often sowen without change of séed, will soone decaie and be conuerted into darnell. For this cause therefore they must needs buie in the markets, though they be twentie miles off and where they be not knowne, promising there if they happen to be espied (which God wot is verie seldome) to send so much to their next market, to be performed I wot not when.

If this shift serue not (neither dooth the fox vse alwaies one tracke for feare of a snare) they will compound with some one of the towne where the market is holden, who for a pot of hufcap or merie go downe, will not let to buie it for them, and that in his owne name. Or else [Sidenote: Suborned bodgers.] they wage one poore man or other, to become a bodger, and thereto get him a licence vpon some forged surmise, which being doone, they will féed him with monie, to buie for them till he hath filled their lofts, and then if he can doo any good for himselfe so it is, if not, they will giue him somewhat for his paines at this time, & reserue him for an other yeare. How manie of the like prouiders stumble vpon blind créekes at the sea coast, I wote not well; but that some haue so doone and yet doo vnder other mens wings, the case is too too plaine. But [Sidenote: Bodgers licenced.] who dare find fault with them, when they haue once a licence? yea though it be but to serue a meane gentlemans house with corne, who hath cast vp all his tillage, bicause he boasteth how he can buie his graine in the market better cheape, than he can sow his land, as the rich grasier often dooth also vpon the like deuise, bicause grasing requireth a smaller household and lesse attendance and charge. If anie man come to buie a bushell or two for his expenses vnto the market crosse, answer is made; Forsooth here was one euen now that bad me monie for it, and I hope he will haue it. And to saie the truth, these bodgers are faire chapmen, for there are no more words with them, but Let me see it, what shall I giue you, knit it vp, I will haue it, go carie it to such a chamber, and if you bring in twentie seme more in the weeke daie to such an Inne or sollar where I laie my corne, I will haue it and giue you pence or more in euerie bushell for six wéekes day of paiment than an other will. Thus the bodgers beare awaie all, so that the poore artificer and labourer cannot make his prouision in the markets, sith they will hardlie now a daies sell by the bushell, nor breake their measure; and so much the rather, for that the buier will looke (as they saie) for so much ouer measure in a bushell as the bodger will doo in a quarter. Naie the poore man cannot oft get anie of the farmer at home, bicause he prouideth altogither to serue the bodger, or hath an hope grounded vpon a greedie and insatiable desire of gaine, that the sale will be better in the market: so that he must giue two pence or a groate more in a bushell at his house than the last market craued, or else go without it, and sléepe with an hungrie bellie. Of the common carriage of corne ouer vnto the parts beyond the seas I speake not; or at the leastwise if I should, I could not touch it alone but néeds must ioine other prouision withall, whereby not onelie our fréends abroad, but also manie of our aduersaries and countriemen the papists are abundantlie relieued (as the report goeth) but sith I sée it not, I will not so trust mine eares as to write it for a truth. But to returne to our markets againe.

By this time the poore occupier hath all sold his crop for néed of monie, being readie peraduenture to buie againe yer long. And now is the whole sale of corne in the great occupiers hands, who hitherto haue threshed little or none of their owne, but bought vp of other men, so much as they could come by. Hencefoorth also they begin to sell, not by the quarter or load at the first, for marring the market, but by the bushell or two, or an horsseload at the most, therby to be séene to keepe the crosse, either for a shew, or to make men eger to buie, and so as they may haue it for monie, not to regard what they paie. And thus corne waxeth deere, but it will be déerer the next market daie. It is possible also that they mislike the price in the beginning for the whole yeare insuing, as men supposing that corne will be litle worth for this, & of better price in the next yeare. For they haue certeine superstitious obseruations, whereby they will giue a gesse at the sale of corne for the yeare following. And our countriemen doo vse commonlie for barleie where I dwell, to iudge after the price at Baldocke vpon S. Matthewes daie, and for wheat as it is sold in séed time. They take in like sort experiment by sight of the first flockes of cranes that flée southward in winter, the age of the moone in the beginning of Ianuarie, & such other apish toies, as by laieng twelue cornes vpon the hot hearth for the twelue moneths, &c: whereby they shew themselues to be scant good christians, but what care they so they may come by monie? Herevpon also will they thresh out thrée parts of the old corne, toward the latter end of the summer, when new commeth apace to hand, and cast the same in the fourth vnthreshed, where it shall lie vntill the next spring, or peraduenture till it must and putrifie. Certes it is not deintie to sée mustie corne in manie of our great markets of England, which these great occupiers bring foorth when they can kéepe it no longer. But as they are inforced oftentimes vpon this one occasion somwhat to abate the price, so a plague is not seldome ingendred thereby among the poorer sort that of necessitie must buie the same, wherby manie thousands of all degrees are consumed, of whose deaths (in mine opinion) these farmers are not vnguiltie. But to proceed. If they laie not vp their graine or wheat in this maner, they haue yet another policie, whereby they will séeme to haue but small store left in their barnes: for else they will gird their sheues by the band, and stacke it vp of new in lesse roome, to the end it may not onlie séeme lesse in quantitie, but also giue place to the corne that is yet to come into the barne, or growing in the field. If there happen to be such plentie in the market on anie market daie, that they cannot sell at their own price, then will they set it vp in some fréends house, against an other or the third daie, & not bring it foorth till they like of the sale. If they sell anie at home, beside harder measure, it shall be déerer to the poore man that bieth it by two pence or a groat in a bushell than they may sell it in the market. But as these things are worthie redresse, so I wish that God would once open their eies that deale thus, to sée their owne errours: for as yet some of them little care how manie poore men suffer extremitie, so that they may fill their purses, and carie awaie the gaine.

It is a world also to sée how most places of the realme are pestered with purueiours, who take vp egs, butter, chéese, pigs, capons, hens, chickens, hogs, bakon, &c: in one market, vnder pretense of their commissions, & suffer their wiues to sell the same in another, or to pulters of London. If these chapmen be absent but two or thrée market daies, then we may perfectlie sée these wares to be more reasonablie sold, and therevnto the crosses sufficientlie furnished of all things. In like sort, since the number of buttermen haue so much increased, and since they trauell in such wise, that they come to mens houses for their butter faster than they can make it; it is almost incredible to see how the price of butter is augmented: whereas when the owners were inforced to bring it to the market townes, & fewer of these butter buiers were stirring, our butter was scarslie woorth eighteene pence the gallon, that now is worth thrée shillings foure pence, & perhaps fiue shillings. Wherby also I gather that the maintenance of a superfluous number of dealers in most trades, tillage alwaies excepted, is one of the greatest causes why the prices of things become excessiue: for one of them doo c[=o]monlie vse to out bid another. And whilest our countrie commodities are commonlie bought and sold at our priuate houses, I neuer looke to sée this enormitie redressed, or the markets well furnished.

I could saie more, but this is euen inough, & more peraduenture than I shall be well thanked for: yet true it is though some thinke it no trespasse. This moreouer is to be lamented, that one generall measure is not in vse throughout all England, but euerie market towne hath in maner a seuerall bushell, and the lesser it be, the more sellers it draweth to resort vnto the same. Such also is the couetousnesse of manie clearkes of the market, that in taking view of measures, they will alwaie so prouide, that one and the same bushell shall be either too big or too little at their next comming, and yet not depart without a fee at the first: so that what by their mending at one time and empairing the same at another, the countrie is greatlie charged, and few iust measures to be had in anie stéed. It is oft found likewise, that diuerse vnconscionable dealers haue one measure to sell by, & another to buie withall, the like is also in weights and yet all sealed and bronded. Wherefore it were verie good that these two were reduced vnto one standard, that is, one bushell, one pound, one quarter, one hundred, one tale, one number: so should things in time fall into better order, and fewer causes of contention be mooued in this land. Of the complaint of such poore tenants as paie rent corne vnto their landlords, I speake not, who are often dealt withall very hardlie. For beside that in the measuring of ten quarters, for the most part they lose one through the iniquitie of the bushell (such is the gréedinesse of the appointed receiuers thereof) fault is found also with the goodnesse and cleannesse of the graine. Wherby some péece of monie must néeds passe vnto their purses to stop their mouths withall, or else my lord will not like of the corne; Thou art worthie to loose thy lease, &c. Or if it be cheaper in the market, than the rate allowed for it is in their rents, then must they paie monie and no corne, which is no small extremitie. And thereby we may see how each one of vs indeuoureth to fléece and eat vp another.

Another thing there is in our markets worthie to be looked vnto, and that is the recariage of graine from the same into lofts and sollars, of which before I gaue some intimation: wherefore if it were ordered, that euerie seller should make his market by an houre, or else the bailie, or clearke of the said market to make sale therof according to his discretion, without libertie to the farmer to set vp their corne in houses and chambers, I am persuaded that the prices of our graine would soone be abated. Againe, if it were enacted that each one should kéepe his next market with his graine, and not to run six, eight, ten, fouretéene, or twentie miles from home to sell his corne, where he dooth find the highest price, and therby leaueth his neighbours vnfurnished, I doo not thinke but that our markets would be farre better serued than at this present they are. Finallie if mens barns might be indifferentlie viewed immediatlie after haruest, and a note gathered by an estimat, and kept by some appointed & trustie person for that purpose, we should haue much more plentie of corne in our towne crosses than as yet is commonlie seene: bicause each one hideth and hoordeth what he may vpon purpose either that it will be déerer, or that he shall haue some priuie veine by bodgers, who doo accustomablie so deale, that the sea dooth load awaie no small part thereof into other countries & our enimies, to the great hinderance of our common-wealth at home, and more likelie yet to be, except some remedie be found. But what doo I talke of these things, or desire the suppression of bodgers being a minister? Certes I may speake of them right well, as féeling the harme in that I am a buier, neuerthelesse I speake generallie in ech of them.

To conclude therefore, in our markets all things are to be sold necessarie for mans vse, and there is our prouision made commonlie for all the wéeke insuing. Therefore as there are no great townes without one weekelie market at the least, so there are verie few of them that haue not one or two faires or more within the compasse of the yeare assigned vnto them by the prince. And albeit that some of them are not much better than Lowse faire or the common kirkemesses beyond the sea, yet there are diuerse not inferiour to the greatest marts in Europe, as Sturbridge faire neere to Cambridge, Bristow faire, Bartholomew faire at London, Lin mart, Cold faire at Newport pond for cattell, and diuerse other, all which or at leastwise the greatest part of them (to the end I may with the more ease to the reader and lesse trauell to my selfe fulfill my taske in their recitall) I haue set downe, according to the names of the moneths wherein they are holden, at the end of this booke, where you shall find them at large, as I borowed the same from I. Stow, and the reports of others.

OF PARKES AND WARRENS.

CHAP. XIX.

In euerie shire of England there is great plentie of parkes, whereof some here and there, to wit, welnere to the number of two hundred for hir daily prouision of that flesh apperteine to the prince, the rest to such of the nobilitie and gentlemen as haue their lands and patrimonies lieng in or néere vnto the same. I would gladlie haue set downe the iust number of these inclosures to be found in euerie countie: but sith I cannot so doo, it shall suffice to saie, that in Kent and Essex onelie are to the number of an hundred, and twentie in the bishoprike of Durham, wherein great plentie of fallow deere is cherished and kept. As for warrens of conies, I iudge them almost innumerable, and dailie like to increase, by reason that the blacke skins of those beasts are thought to counteruaile the prices of their naked carcases, and this is the onelie cause whie the graie are lesse estéemed. Néere vnto London their quickest merchandize is of the yong rabbets, wherfore the older conies are brought from further off, where there is no such speedie vtterance of rabbets and sucklings in their season, nor so great losse by their skins, sith they are suffered to growe vp to their full greatnesse with their owners. Our parkes are generallie inclosed with strong pale made of oke, of which kind of wood there is great store cherished in the woodland countries from time to time in ech of them, onelie for the maintenance of the said defense, and safe-keeping of the fallow déere from ranging about the countrie. Howbeit in times past diuerse haue been fensed in with stone walles (especiallie in the times of the Romans, who first brought fallow déere into this land, as some coniecture) albeit those inclosures were ouerthrowne againe by the Saxons & Danes, as Cauisham, Towner, and Woodstocke, beside other in the west countrie, and one also at Bolton. Among other things also to be seene in that towne, there is one of the fairest clockes in Europe. Where no wood is, they are also inclosed with piles of slate; and therto it is doubted of manie whether our bucke or doe are to be reckoned in wild or tame beasts or not. Plinie deemeth them to be wild, Martial is also of the same opinion, where he saith, "Imbelles damæ quid nisi præda sumus?" And so in time past the like controuersie was about bées, which the lawiers call "Feras," tit. de acquirendo rerum dominio, & lib. 2. instit. But Plinie attempting to decide the quarell calleth them "Medias inter feras & placidas aues." But whither am I so suddenlie digressed? In returning therefore vnto our parks, I find also the circuit of these inclosures in like manner conteine often times a walke of foure or fiue miles, and sometimes more or lesse. Wherby it is to be séene what store of ground is emploied vpon that vaine commoditie, which bringeth no manner of gaine or profit to the owner, sith they commonlie giue awaie their flesh, neuer taking penie for the same, except the ordinarie fée and parts of the déere giuen vnto the kéeper by a custome, who beside three shillings foure pence, or fiue shillings in monie, hath the skin, head, vmbles, chine, and shoulders: whereby he that hath the warrant for an whole bucke, hath in the end little more than halfe, which in my iudgement is scarselie equall dealing; for venison in England is neither bought nor sold, as in other countries, but mainteined onelie for the pleasure of the owner and his friends. Albeit I heard of late of one ancient ladie, which maketh a great game by selling yeerelie hir husbands venison to the cookes (as another of no lesse name will not sticke to ride to the market to sée hir butter sold) but not performed without infinite scoffes and mockes, euen of the poorest pezzants of the countrie, who thinke them as odious matters in ladies and women of such countenance to sell their venison and their butter, as for an earle to feele his oxen, sheepe, and lambs, whether they be readie for the butcher or not, or to sell his wooll vnto the clothier, or to kéepe a tan-house, or deale with such like affaires as belong not to men of honor, but rather to farmers, or grasiers; for which such, if there be anie may well be noted (and not vniustlie) to degenerate from true nobilitie, and betake themselues to husbandrie. And euen the same enormitie tooke place sometime among the Romans, and entred so farre as into the verie senate, of whome some one had two or thrée ships going vpon the sea, pretending prouision for their houses; but in truth following the trades of merchandize, till a law was made which did inhibit and restraine them. Liuie also telleth of another law which passed likewise against the senators by Claudius the tribune, and helpe onelie of C. Flaminius, that no senator, or he that had beene father to anie senator should possesse anie ship or vessell aboue the capacitie of thrée hundred amphoras, which was supposed sufficient for the cariage and recariage of such necessities as should apperteine vnto his house: sith further trading with merchandizes and commodities dooth declare but a base and couetous mind, not altogither void of enuie, that anie man should liue but he; or that if anie gaine were to be had, he onelie would haue it himselfe: which is a wonderfull dealing, and must néeds proue in time the confusion of that countrie [Sidenote: Tillage and mankind diminished by parkes.] wherein such enormities are exercised. Where in times past, manie large and wealthie occupiers were dwelling within the compasse of some one parke, and thereby great plentie of corne and cattell séene, and to be had among them, beside a more copious procreation of humane issue, whereby the realme was alwaies better furnished with able men to serue the prince in his affaires: now there is almost nothing kept but a sort of wild and sauage beasts, cherished for pleasure and delight; and yet some owners still desirous to inlarge those grounds, as either for the bréed and feeding of cattell, doo not let dailie to take in more, not sparing the verie commons whervpon manie towneships now and then doo liue, affirming that we haue alreadie too great store of people in England; and that youth by marrieng too soone doo nothing profit the countrie, but fill it full of beggars, to the hurt and vtter vndooing (they saie) of the common wealth.

[Sidenote: The decaie of the people is the destruction of a kingdome.] Certes if it be not one curse of the Lord, to haue our countrie conuerted in such sort from the furniture of mankind, into the walks and shrowds of wild beasts, I know not what is anie. How manie families also these great and small games (for so most kéepers call them) haue eaten vp and are likelie hereafter to deuoure, some men may coniecture, but manie more lament, sith there is no hope of restraint to be looked for in this behalfe, because the corruption is so generall. But if a man may presentlie giue a ghesse at the vniuersalitie of this euill by contemplation of the circumstance, he shall saie at the last, that the twentith part of the realme is imploied vpon déere and conies alreadie, which séemeth verie much if it be not dulie considered of.

King Henrie the eight, one of the noblest princes that euer reigned in this land, lamented oft that he was constreined to hire forren aid, for want of competent store of souldiors here at home, perceiuing (as it is indeed) that such supplies are oftentimes more hurtfull than profitable vnto those that interteine them, as may chéeflie be seene in Valens the emperor, our Vortiger, and no small number of others. He would oft maruell in priuate talke, how that when seauen or eight princes ruled here at once, one of them could lead thirtie or fortie thousand men to the field against another, or two of them 100000 against the third, and those taken out onelie of their owne dominions. But as he found the want, so he saw not the cause of this decaie, which grew beside this occasion now mentioned, also by laieng house to house, and land to land, whereby manie mens occupiengs were conuerted into one, and the bréed of people not a little thereby diminished. The auarice of landlords by increasing of rents and fines also did so wearie the people, that they were readie to rebell with him that would arise, supposing a short end in the warres to be better than a long and miserable life in peace.

Priuileges and faculties also are another great cause of the ruine of a common wealth, and diminution of mankind: for whereas law and nature dooth permit all men to liue in their best maner, and whatsoeuer trade they be exercised in, there commeth some priuilege or other in the waie, which cutteth them off from this or that trade, wherby they must néeds shift soile, and séeke vnto other countries. By these also the greatest commodities are brought into the hands of few, who imbase, corrupt, and yet raise the prices of things at their owne pleasures. Example of this last I can giue also in bookes, which (after the first impression of anie one booke) are for the most part verie negligentlie handled: whereas if another might print it so well as the first, then would men striue which of them should doo it best; and so it falleth out in all other trades. It is an easie matter to prooue that England was neuer lesse furnished with people than at this present; for if the old records of euerie manour be sought, and search made to find what tenements are fallen, either downe, or into the lords hands, or brought and vnited togither by other men: it will soone appéere, that in some one manour seuentéen, eightéene, or twentie houses are shrunke. I know what I saie by mine owne experience: notwithstanding that some one cotage be here and there erected of late, which is to little purpose. Of cities and townes either vtterlie decaied, or more than a quarter or halfe diminished, though some one be a little increased here and there; of townes pulled downe for sheepe-walks, and no more but the lordships now standing in them, beside those that William Rufus pulled downe in his time; I could saie somewhat: but then I should swarue yet further from my purpose, wherevnto I now returne.

Wée had no parkes left in England at the comming of the Normans, who added this calamitie also to the seruitude of our nation, making men of the best sort furthermore to become kéepers of their game, whilest they liued in the meane time vpon the spoile of their reuenues, and dailie ouerthrew townes, villages, and an infinit sort of families, for the maintenance of their venerie. Neither was anie parke supposed in these times to be statelie enough, that conteined not at the least eight or ten hidelands, that is, so manie hundred acres or families (or as they haue béene alwaies called in some places of the realme carrucats or cartwares) of which one was sufficient in old time to mainteine an honest yeoman.

King Iohn trauelling on a time northwards, to wit 1209 to warre vpon the king of Scots, because he had married his daughter to the earle of Bullen without his consent: in his returne ouerthrew a great number of parkes and warrens, of which some belonged to his barons, but the greatest part to the abbats and prelats of the cleargie. For hearing (as he trauelled) by complaint of the countrie, how these inclosures were the chéefe decaie of men, and of tillage in the land, he sware with an oth that he would not suffer wild beasts to féed vpon the fat of his soile, and sée the people perish for want of abilitie to procure and buie them food that should defend the realme. Howbeit, this act of his was so ill taken by the religious and their adherents, that they inuerted his intent herein to another end; affirming most slanderouslie how he did it rather of purpose to spoile the corne and grasse of the commons and catholikes that held against him of both estates, and by so doing to impouerish and bring the north part of the realme to destruction, because they refused to go with him into Scotland. If the said prince were aliue in these daies, wherein Andrew Boord saith there are more parks in England than in all Europe (ouer which he trauelled in his owne person) and saw how much ground they consume, I thinke he would either double his othes, or laie the most of them open that tillage might be better looked vnto. But this I hope shall not néed in time, for the owners of a great sort of them begin now to smell out, that such parcels might be emploied to their more game, and therefore some of them doo grow to be disparked.

Next of all we haue the franke chase, which taketh something both of parke and forrest, and is giuen either by the kings grant or prescription. Certes it differeth not much from a parke; nay, it is in maner the selfe same thing that a parke is, sauing that a parke is inuironed with pale, wall, or such like: the chase alwaie open and nothing at all inclosed, as we see in Enuéeld & Maluerne chases. And as it is the cause of the seisure of the franchise of a parke not to kéepe the same inclosed, so it is the like in a chase if at anie time it be imparked. It is trespasse, and against the law also, for anie man to haue or make a chase, parke, or frée warren without good warrantie of the king by his charter or perfect title of prescription: for it is not lawfull for anie subiect either to carnilate, that is, build stone houses, imbattell, haue the querke of the sea, or kéepe the assise of bread, ale, or wine, or set vp furels, tumbrell, thew, or pillorie, or inclose anie ground to the aforesaid purposes within his owne soile, without his warrant and grant. The beasts of the chase were commonlie the bucke, the roe, the fox, and the marterne. But those of venerie in old time were the hart, the hare, the bore and the woolfe; but as this held not in the time of Canutus, so in stéed of the woolfe the beare is now crept in, which is a beast comonlie hunted in the east countries, and fed vpon as excellent venison, although with vs I know not anie that féed thereon or care for it at all. Certes it should seeme, that forrests and franke chases haue alwaies béene had, and religiouslie preserued in this Iland for the solace of the prince, and recreation of his nobilitie: howbeit I read not that euer they were inclosed more than at this present, or otherwise fensed than by vsuall notes of limitation, whereby their bounds were remembred from time to time, for the better preseruation of such venerie and vert of all sorts as were nourished in the same. Neither are anie of the ancient laws prescribed for their maintenance, before the daies of Canutus, now to be had; sith time hath so dealt with them that they are perished and lost. Canutus therefore seeing the dailie spoile that was made almost in all places of his game, did at the last make sundrie sanctions and decrées, whereby from thenceforth the red and fallow déere were better looked to throughout his whole dominions. We haue in these daies diuerse forrests in England and Wales, of which, some belong to the king, and some to his subiects, as Waltham forrest, Windlesor, Pickering, Fecknam, Delamore, Gillingham, Kingswood, Wencedale, Clun, Rath, Bredon, Weire, Charlie, Leircester, Lée, Rokingham, Selwood, New forrest, Wichwood, Hatfeeld, Sauernake, Westbirie, Blacamore Peke, Deane, Penrise, & manie other now cleane out of my remembrance: and which although they are far greater in circuit than manie parkes and warrens, yet are they in this our time lesse deuourers of the people than these latter, sith beside much tillage, & manie townes are found in each of them, wheras in parks and warrens we haue nothing else than either the keepers & wareners lodge, or at least the manor place of the chéef lord & owner of the soile. I find also by good record, that all Essex hath in time past wholie béene forrest ground, except one cantred or hundred; but how long it is since it lost the said denomination in good sooth I doo not read. This neuerthelesse remaineth yet in memorie, that the towne of Walden in Essex standing in the limits of the aforesaid countie doth take hir name thereof. For in the Celtike toong, wherewith the Saxon or Scithian spéech dooth not a little participate, huge woods and forrests were called Walds, and likewise their Druides were named Walie or Waldie, bicause they frequented the woods, and there made sacrifice among the okes and thickets. So that if my coniecture in this behalfe be anie thing at all, the aforesaid towne taketh denomination of Wald and end, as if I should say, The end of the wooddie soile; for being once out of that parish, the champaine is at hand. Or it may be that it is so called of Wald and dene: for I haue read it written in old euidences Waldæne, with a diphthong. And to saie truth, Dene is the old Saxon word for a vale or lowe bottome, as Dune or Don is for an hill or hillie soile. Certes if it be so, then Walden taketh hir name of the woodie vale, in which it sometime stood. But the first deriuation liketh me better, and the highest part of the [Sidenote: Gipping, of going vp to anie place.] towne is called also Chipping Walden, of the Saxon word gipping, which signifieth Leaning or hanging, and may verie well be applied therevnto, sith the whole towne hangeth as it were vpon the sides of two hils, wherof the lesser runneth quite through the middest of the same. I might here for further confirmation of these things bring in mention of the Wald of Kent: but this may suffice for the vse of the word Wald, which now differeth much from Wold. For as that signifieth a woodie soile, so this betokeneth a soile without wood, or plaine champaine countrie, without anie store of trées, as may be seene in Cotswold, Porkewold, &c. Beside this I could saie more of our forrests, and the aforesaid inclosures also, & therein to prooue by the booke of forrest law, that the whole countie of Lancaster hath likewise beene forrest heretofore. Also how William the Bastard made a law, that whosoeuer did take anie wild beast within the kings forrest should lose an eare; as Henrie the first did punish them either by life or lim: which ordinance was confirmed by Henrie the second and his péeres at Woodstocke, wherevpon great trouble insued vnder king Iohn and Henrie the third, as appeareth by the chronicles: but it shall suffice to haue said so much as is set downe alreadie.

Howbeit, that I may restore one antiquitie to light, which hath hitherto lien as it were raked vp in the embers of obliuion, I will giue out those laws that Canutus made for his forrest: whereby manie things shall be disclosed concerning the same (wherof peraduenture some lawiers haue no knowledge) and diuerse other notes gathered touching the ancient estate of the realme not to be found in other. But before I deale with the great charter (which as you may perceiue, is in manie places vnperfect by reason of corruption, and want also of congruitie, crept in by length of time, not by me to be restored) I will note another breefe law, which he made in the first yeare of his reigne at Winchester, afterward inserted into these his later constitutions, canon 32, & beginneth thus in his owne Saxon tong; "Ic will that elc one," &c: I will and grant that ech one shall be worthie of such venerie as he by hunting can take either in the plaines or in the woods, within his owne fée or dominion; but ech man shall abstaine from my venerie in euerie place, where I will that my beasts shall haue firme peace and quietnesse, vpon paine to forfet so much as a man may forfet. Hitherto the statute made by the aforesaid Canutus, which was afterward confirmed by king Edward surnamed the Confessor; & ratified by the Bastard in the fourth yeare of his reigne. Now followeth the great charter it selfe in such rude order and Latine as I find it word for word, and which I would gladlie haue turned into English, if it might haue sounded to anie benefit of the vnskilfull and vnlearned.

_Incipiunt constitutiones Canuti regis de foresta._

"Hæ sunt sanctiones de foresta, quas ego Canutus rex cum consilio primariorum hominum meorum condo & facio, vt cunctis regni nostri Angliæ ecclesijs & pax & iustitia fiat, & vt omnis delinquens secundum modum delicti, & delinquentis fortunam patiatur.

[Sidenote: Pegened.] 1. "Sint tam deinceps quatuor ex liberalioribus hominibus, qui habent saluas suas debitas consuetudines (quos Angli Pegened appellant) in qualibet regni mei prouincia constituti, ad iustitiam distribu[=e]dam, vna cum p[oe]na merita & materijs forrestæ cuncto populo meo, tam Anglis quàm Danis per totum regnum meum Angliæ, quos quatuor primarios forestæ appellandos censemus.

[Sidenote: Lespegend.] [Sidenote: Nunc forte Fringald.] 2. "Sint sub quolibet horum, quatuor ex mediocribus hominibus (quos Angli Lespegend nuncupant, Dani verò yoong men vocant) locati, qui curam & onus tum viridis tum veneris suscipiant.

3. "In administranda autem iustitia nullatenus volo vt tales se intromittant: mediocrésq; tales post ferarum curam susceptam, pro [Sidenote: Ealdermen.] liberalibus semper habeantur, quos Dani Ealdermen appellant.

[Sidenote: Tineman.] 4. "Sub horum iterum quolibet sint duo minutorum hominum, quos Tineman Angli dicunt, hi nocturnam curam & veneris & viridis tum seruilia opera subibunt.

5. "Si talis minutus seruus fuerit, tam citò quàm in foresta nostra locabitur, liber esto, omnésq; hos ex sumptibus nostris manutenebimus.

[Sidenote: Michni.] 6. "Habeat etiam quilibet primariorum quolibet anno de nostra warda, quam Michni Angli appellant, duos equos, vnum cum sella, alterum sine sella, vnum gladium, quinque lanceas, vnum cuspidem, vnum scutum, & ducentos solidos argenti.

7. "Mediocrium quilibet vnum equum, vnam lanceam, vnum scutum, & 60 solidos argenti.

[Sidenote: * [Sic.]] 8. "Minutorum quilibet, vnum[*] lanceam, vnam arcubalistam, & 15 solidos argenti.

9. "Sint omnes tam primarij, quàm mediocres, & minuti, immunes, liberi, & quieti ab omnibus prouincialibus summonitionibus, & [Sidenote: Hundred law.] popularibus placitis, quæ Hundred laghe Angli dicunt, & ab omnibus [Sidenote: Warscot.] armorum oneribus, quod Warscot Angli dicunt, & forincesis querelis.

10. "Sint mediocrium & minutorum causæ, & earum correctiones, tam criminalium quàm ciuilium per prouidam sapientiam & rationem primariorum iudicatæ & decisæ: primariorum verò enormia si quæ fuerint (ne scelus aliquod remaneat inultum) nosmet in ira nostra regali puniemus.

11. "Habeant hi quatuor vnam regalem potestatem (salua semper nobis nostra præsentia) quatérq; in anno generales forestæ demonstrationes & [Sidenote: Muchehunt.] viridis & veneris forisfactiones, quas Muchehunt dicunt, vbi teneant omnes calumniam de materia aliqua tangente forestam, eántque ad [Sidenote: Ofgangfordell.] [Sidenote: Purgatio ignis, triplex ordalia.] triplex iudicium, quod Angli Ofgangfordell dicunt. Ita autem acquiratur illud triplex iudicium. Accipiat secum quinque, & sit ipse sextus, & sic iurando acquirat triplex iudicium, aut triplex iuramentum. Sed purgatio ignis nullatenus admittatur, nisi vbi nuda veritas nequit aliter inuestigari.

[Sidenote: Pegen.] 12. "Liberalis autem homo. l. Pegen, modo crimen suum non sit inter maiora, habeat fidelem hominem qui possit pro eo iurare iuramentum. [Sidenote: Forathe.] l. Forathe: si autem non habet, ipsemet iuret, nec pardonetur ei aliquod iuramentum.

13. "Si aduena vel peregrinus qui de longinquo venerit sit calumniatus de foresta, & talis est sua inopia vt non possit habere plegium ad primam calumniam, qualem * nullus Anglus iudicare potest: tunc subeat captionem regis, & ibi expectet quousque vadat ad iudicium ferri & aquæ: attamen si quis extraneo aut peregrino de longè venienti * * sibi ipsi nocet, si aliquod iudicium iudicauerint.

14. "Quicúnq; coram primarios homines meos forestæ in falso testimonio steterit & victus fuerit, non sit dignus imposterum stare aut portare testimonium, quia legalitatem suam perdidit, & pro culpa soluat regi [Sidenote: Halfehang.] decem solidos, quos Dani vocant Halfehang, alias Halsehang.

15. "Si quis vim aliquam primarijs forestæ meæ intulerit, si liberalis sit amittat libertatem & omnia sua, si villanus abscindatur dextra.

16. "Si alteruter iterum peccauerit, reus sit mortis.

17. "Si quis autem contra primarium pugnauerit, in plito emendet [Sidenote: Pere & Pite.] secundum pretium sui ipsus, quod Angli Pere & pite dicunt, & soluat primario quadraginta solidos.

[Sidenote: Gethbrech.] 18. "Si pacem quis fregerit, ante mediocres forestæ, quod dicunt Gethbrech, emendet regi decem solidis.

19. "Si quis mediocrium aliquem cum ira percusserit, emendetur prout interfectio feræ regalis mihi emendari solet.

20. "Si quis delinquens in foresta nostra capietur, p[oe]nas luet secundum modum & genus delicti.

[Sidenote: Ealderman.] 21. "P[oe]na & forisfactio non vna eadémq; erit liberalis (quem Dani Ealderman vocant) & illiberalis: domini & serui: noti & ignoti: nec vna eadémq; erit causarum tum ciuilium tum criminalium, ferarum forestæ, & ferarum regalium: viridis & veneris tractatio: nam crimen veneris ab antiquo inter maiora & non immeritò numerabatur: viridis verò (fractione chaceæ nostræ regalis excepta) ita pusillum & exiguum est, quòd vix ea respicit nostra constitutio: qui in hoc tamen deliquerit, sit criminis forestæ reus.

22. "Si liber aliquis feram forestæ ad cursum impulerit, siue casu, siue præhabita voluntate, ita vt cursu celeri cogatur fera anhelare, decem solidis regi emendet, si illiberalis dupliciter emendet, si seruus careat corio.

23. "Si verò harum aliquot interfecerit, soluat dupliciter & persoluat, sitque pretij sui reus contra regem.

[Sidenote: Staggon or Stagge.] 24. "Sed si regalem feram, quam Angli Staggon appellant, alteruter coegerit anhelare, alter per vnum annum, alter per duos careat libertate naturali: si verò seruus, pro vtlegato habeatur, quem Angli [Sidenote: Frendlesman.] Frendlesman vocant.

25. "Si verò occiderit, amittat liber scutum libertatis, si sit illiberalis careat libertate, si seruus vita.

26. "Episcopi, abbates, & barones mei non calumniabuntur pro venatione, si non regales feras occiderint: & si regales, restabunt rei regi pro libito suo, sine certa emendatione.

27. "Sunt aliæ (præter feras forestæ) bestiæ, quæ dum inter septa & sepes forestæ continentur, emendationi subiacent: quales sunt capreoli, lepores, & cuniculi. Sunt & alia quàm plurima animalia, quæ qu[=a]quam infra septa forestæ viuunt, & oneri & curæ mediocrium subiacent forestæ, tamen nequaqu[=a] censeri possunt, qualia sunt [Sidenote: Bubali olim in Anglia.] bubali, vaccæ, & similia. Vulpes & lupi, nec forestæ nec veneris habentur, & proinde eorum interfectio nulli emendationi subiacet. Si tamen infra limites occiduntur, fractio sit regalis chaceæ, & mitiùs emendetur. Aper verò quanquam forestæ sit, nullatenus tamen animal veneris haberi est assuetus.

28. "Bosco nec subbosco nostro sine licentia primariorum forestæ nemo manum apponat, quòd si quis fecerit reus sit fractionis regalis chaceæ.

[Sidenote: Ilices aliquando in Brit[=a]nia nisi intelligatur de quercu.] 29. "Si quis verò ilicem aut arbor[=e] aliquam, quæ victum feris suppeditat sciderit, præter fractionem regalis chaceæ, emendet regi viginti solidis.

30. "Volo vt omnis liber homo pro libito suo habeat venerem siue viridem in planis suis super terras suas, sine chacea tamen; & deuitent omnes meam, vbicúnq; eam habere voluero.

[Sidenote: Greihounds.] 31. "Nullus mediocris habebit nec custodiet canes, quos Angli Greihounds appellant. Liberali verò, dum genuiscissio eorum facta fuerit coram primario forestæ licebit, aut sine genuiscissione dum remoti sunt à limitibus forestæ per decem miliaria: quando verò propiùs venerint, emendet quodlibet miliare vno solido. Si verò infra septa forestæ reperiatur, dominus canis forisfaciet & decem solidos regi.

[Sidenote: Velter.] [Sidenote: Langeran.] 32. "Velteres verò quos Langeran appellant, quia manifestè constat in ijs nihil esse periculi, cuilibet licebit sine genuiscissione eos [Sidenote: Ramhundt.] custodire. Idem de canibus quos Ramhundt vocant.

33. "Quòdsi casu inauspicato huiusmodi canes rabidi fiant & vbiq; vag[=a]tur, negligentia dominorum, redduntur illiciti, & emendetur regi pro illicitis, &c. Quòdsi intra septa forestæ reperiantur, talis [Sidenote: Pretium hominis mediocris.] exquiratur herus, & emendet secundum pretium hominis mediocris, quòd secundum legem Werinorum. I. Churingorum, est ducentorum solidorum.

34. "Si canis rabidus momorderit feram, tunc emendet secundum [Sidenote: Pretium liberi hominis.] preti[=u] hominis liberalis, quod est duodecies solidis centum. Si verò fera regalis morsa fuerit, reus sit maximi criminis."

And these are the constitutions of Canutus concerning the forrest, verie barbarouslie translated by those that tooke the same in hand. Howbeit as I find it so I set it downe, without anie alteration of my copie in anie iot or tittle.

OF GARDENS AND ORCHARDS.

CHAP. XX.