3.2. Of our apparell and attire. Cap. 2.

Of our apparell and attire. Cap. 2.

Compare 1587 edition: 1 2 AN Engliſhman indeuouring ſometime to write of our attire, made ſundry plat|formes for his purpoſe, ſuppoſing by ſome of EEBO page image 97 them to finde out one ſtedfaſt ground where|on to builde the ſumme of his diſcourſe. But in the ende (like an oratour, long without ex|erciſe) when he ſaw what a difficult péece of worke he had taken in hande, he gaue ſet his traueile, and onelye drue the picture of a naked man, vnto whome he gaue a paire of ſheares in the one hande, and a péece of cloth in the other, in the ende he ſhould ſhape his apparrell after ſuch faſhion as himſelfe liked, ſith he could [...]de no kind of garment that coulde pleaſe him [...]ny whyle togyther, and this he called an Englishemen. Certes thys writer (otherwiſe being a leawde and vngracious prieſt) ſhewed himſelfe herein not to be voyde of iudgement, [...]rewe. [...]rd. ſith the phan|taſticall follye of our nation is ſuch, that no forme of apparrell liketh vs longer then the firſt garment is in the wearing, if it conti|nue ſo long and be not layde aſide, to receyue ſome other trinket newly deuiſed by the ficle headded Taylours, who couet to haue ſeue|rall trickes in cutting, thereby to draw fond cuſtomers to more expence of money. For my part I can tell better howe to inueigh a|gainſt this enormitie, then deſcribe our at|tire: ſithens ſuch is our mutabilitie, that to day there is none to the Spaniſhe guiſe, to morowe the French toyes are moſt fine and delectable, ere long no ſuch apparell as that which is after the high Almaine faſhion, by and by the Turkiſh maner is generally beſt liked of, otherwiſe the Moriſco gownes and the Barbarian ſléeues make ſuch a comelye Veſture, that except it were a dog in a dub|let, you ſhall not ſée anye ſo diſguiſed, as are my coũtry men of england. And as theſe faſhiõs are diuers, ſo likewiſe it is a worlde to ſe the coſtlineſſe and the curioſitie: the ex|ceſſe and the vanitie: the pompe and the bra|uery: the chaunge and the variety: and final|ly the ficleneſſe and the folly that is in all de|grées: inſomuch that nothing is more con|ſtant in england then inconſtancie of attire. Neither cã we be more iuſtly burdened with any reproche, then inordinate behauiour in apparrell, for which moſt nations deride vs, as alſo for that we men doe ſéeme to beſtowe moſt coſt vpon our arſes & much more then vpon all the reſt of our bodies, as women do likewiſe vpon their heads and ſhoulders. In women alſo it is moſt to be lamented, that they doe now farre excéede the lightneſſe of our men (who neuertheleſſe are tranſformed from the cap euen to the very ſhoe) and ſuch ſtaring attire as in time paſt was ſuppoſed méete for none but light houſewiues onely, is now become an habit for chaſt & ſober ma|trones. What ſhould I ſay of their dublets wyth p [...]nd [...]nt c [...]piſes on the breaſt [...] tags and c [...], and [...]ée [...] of ſ [...]dy [...], theyr g [...]g [...]ſoons, couloured [...] their [...], and ſuch lyke, whereby their bodies [...] ther deform [...] then co [...] I haue [...] with ſome of them in London ſo but diſgui|ſed, that it hath paſſed my ſkill to diſcerne whyther they were men or women. Thus it is now come to paſſe, that womẽ are become men, and men turned into monſters: & thoſe g [...] giftes which almightie God hath giuen vnto vs to reléeue our neceſſitie withall, not otherwyſe beſtowed them in all exce [...]e as if we wiſt not otherwiſe howe to conſume and waſt them. I pray God that in this behalfe our ſinne be not lyke vnto that of Sodome and Gomorha, whoſe errors were pride,Ezech. 16. ex|ceſſe of diet, & abuſe of Gods benefits abun|dantly beſtowed vpon them, beſide want of charitie toward the poore, and certaine other pointes which y^e Prophet ſhutteth vp in ſci|lence. Certes the commõwealth can not be ſayde to floriſhe where theſe abuſes reigne, but is rather oppreſſed by vnreaſonable ex|actions made vpõ farmers & tenants, wher|with to maintayne the ſame. Neither was it euer meryer with Englande then when an Engliſhmã was knowne by [...]owne cloth, and contented himſelfe with his fine carſie hoſen, and a meane ſlop: his coate, gowne & cloake of browne blew or putre, with ſome pretie furniture of veluet or furre, & a doub|blet of ſadde Tawny, or blacke Veluet, or other comelye Sylke, without ſuch gawriſh coulours as are worne in theſe dayes, & ne|uer brought in but by the conſent of y^e french, who thincke thẽſelues the gaieſt men, when they haue moſt diuerſitie, & chaunge of cou|lours about them. I might here name a ſort of hewes deuiſed for the nones, wherewith to pleaſe fantaſticall heades, as gooſeturde gréene, the Deuell in the heade, (I ſhoulde ſay the hedge) and ſuch like, but I paſſe them ouer thincking it ſufficient to haue ſayd thus much of apparell generally, when nothing can particularly be ſpoken of any conſtancie thereof.

3.3. ¶ Of the Lawes of England. Cap. 3.

¶ Of the Lawes of England. Cap. 3.

Compare 1587 edition: 1 THat Samothes or Dis gaue the firſt Lawes vnto the Celtes (whoſe King|dome he erected about the fiftéene of Nym|brote) the teſtimonye of Beroſus, Samo|thes. is proofe ſuf|ficient. For he not only affirmeth him to pub|liſh the ſame in the fourth of Ninus, but alſo addeth thereto, howe there lyued none in hys dayes of more excellent wiſdome, nor polli|tike EEBO page image 107 inuention then he, whereof he was na|med Samothes, as ſome other doe affyrme. What his lawes were it is now altogyther vnknowne,Albion. as moſt things of thys age, but that they were altered againe at the cõming of Albion, no mã cã abſolutly deny, ſith new Lordes vſe commonly to gyue newe lawes, and conquerours aboliſh ſuch as were in vſe before them.

Compare 1587 edition: 1 The lyke alſo maye be affirmed of our Brute,Brute. notwythſtanding that the certayne knowledge ſo well of the one as of the other is periſhed, & nothing worthy memory left of all theyr doyngs. Somewhat yet we haue of Mulmutius, Mulmutius who not only, ſubdued ſuch prin|ces as reigned in this land, but alſo brought the Realme to good order, that long before had béene torne wyth ciuill diſcorde. But where his lawes are to be found, and which they be from other mens, no man lyuing in theſe dayes is able to determine.

Compare 1587 edition: 1 The praiſe of Dun|wallon.Certes there was neuer Prince in Bry|teyne, of whome his ſubiectes conceyued bet|ter hope in the beginning, then of Bladudus, and yet I reade of none that made ſo ridicu|lous an ende: in lyke ſorte there hath not reigned any Monarche in thys Iſle, whoſe wayes were more feared at y^e firſt, thẽ thoſe of Dunwallon, (king Henry the fift excep|ted) & yet in the end he proued ſuch a Prynce, as after hys death, there was in maner no ſubiecte, that did not lament his funerralles. And this only for his pollicy in gouernance, ſeuere adminiſtration of iuſtice, and proui|dent framing of his lawes, and conſtituti|ons. His people alſo coueting to continue his name vnto poſterity, intituled thoſe his ordi|naunces according to theyr maker, callyng them by the name of the lawes of Mulmuti|us, which indured in execution among the Brytons, ſo long as our homelynges had the dominiõ of this Iſle. Afterward when the Saxons had once obteyned the ſuperioritie of the kingdome, the maieſtie of theſe laws fell for a time into ſuch decaye, that although non penitus cecidit, tamen potuit cecidiſſe videri, as Leland ſayth, and the lawes them|ſelues had vtterlye periſhed in deede at the very firſt brunt had they not béene preſerued in wales, where they remayned amongſt the reliques of the Brytons, and not onely vntil the comming of the Normans, but euen vn|till the time of Edwarde the firſt, who obtei|ning the ſouereinty of that portion, indeuou|red to extinguiſhe thoſe of Mulmutius, and to eſtabliſhe his owne.

Compare 1587 edition: 1 2 3 But as the Saxõs at their firſt arriuall did what they coulde to aboliſhe the Bryttiſhe lawes, ſo in proceſſe of time they yéelded a li|tle to relent and not ſo much to abhorre [...] miſlike of the lawes of Mulmutius, as to [...] receyue and embrace the ſame, eſpecially at ſuch time as the Saxon princes entered in|to amitie with the Brittiſh Princes, and af|ter that ioyne in matrimonie, with the Bry|tiſhe Ladyes. Hereof alſo it came to paſſe in the ende, that they were contented to make a choiſe and inſert no ſmall [...]n [...]rs of them into their own volumes, as may [...] gathered by thoſe of Atherbert y^e great ſur|named king of Kent, Inas & Alfrede, kinges of the weſt Saxons, and diuers other yet ex|tant to be ſéene. Such alſo was the lateward eſtimation of them, that when anye of the Saxon Princes went aboute to make anye newe lawes, they cauſed thoſe of Mulmutius which Gildas ſometime tranſlated into La|tine, to be expounded vnto them, and in thys peruſall if they founde anye there alreadye framed, that might ſerue their turnes, they foorthwith reuiued the ſame, and annexed them to their owne. But in this dealing, the diligence of Alfrede is moſt of all to bée commended, who not onelye chooſe out the beſt, but gathered togither all ſuch whatſo|euer the ſayde Mulmutius had made: & then to the ende they ſhoulde lye no more in cor|ners as forlorne bookes and vnknowne, he cauſed them to be turned into the Saxon tongue, wherein they continued long after hys deceaſe. As for the Normans, who nei|ther regarded the Brittiſh, nor cared for the Saxon lawes, they alſo at the firſt vtterlye miſliked of thẽ, till at the laſt when they had well weighed that one kinde of regiment is not cõuenient for al peoples, & that no ſtran|ger beyng in a forriene Countrey newely brought vnder obedience, coulde make ſuch equall ordinaunces, as he might thereby go|uerne his new cõmon wealth without ſome care of trouble: they fell in ſo wyth a deſire to ſée by what rule the eſtate of the land was gouerned in time of the Saxons, that hauing peruſed the ſame, they not onely commended their maner of regiment, but alſo admitted a great part of their lawes, (nowe currant vnder the name of S. Edwardes lawes, and vſed as principles and groundes) whereby they not onely qualified the rygor of theyr owne, and mittigated their almoſt intollera|ble burden of ſeruitude which they had late|ly layde vpon the ſhoulders of the Engliſh, but alſo left vs a great number of Mulmu|tin lawes, wherof the moſt part are in vſe to thys daye as I ſayde, albeit that we knowe not certeinly howe to diſtinguiſh them from other, that are in ſtrength amongſt vs.

Compare 1587 edition: 1 After Dunwallon, the next lawe gyuer EEBO page image 98 was Martia whome Lelande ſurnameth Proba, [...]ia. & after him Iohn bale alſo, who in hys Centuries doth iuſtely confeſſe himſelfe to haue béene holpen by the ſayde Leland, as I my ſelfe doe likewiſe for many thinges con|teined in thys treatize. Shée was wyfe vnto Gutteline king of y^e Brytons: & being made protrectrix of the realme, after hyr huſbands deceaſe in the nonage of hyr ſonne, and ſée|ing many thinges daily to growe vp among hir people worthy reformation, ſhée deui|ſed ſundry and thoſe very pollitike lawes, for the gouernaunce of hyr kingdome, which hir ſubiectes when ſhée was deade and gone, did name the Mertian ſtatutes. Who turned them into latine, as yet I doe not read, how|beit as I ſaid before of the lawes of Mulmu|tius, ſo the ſame Alfrede cauſed thoſe of thys excellently well learned Lady (whome dy|uers cõmende alſo for hir great knowledge, in the Gréeke tong) to bée turned into hys owne language, wherevpon it came to paſſe that they were dailye executed among hys ſubiectes, afterwarde allowed of (among the reſt) by the Normans, and finally remaine in vſe in theſe dayes, notwithſtanding that we can not diſſeuer them very redily from the other.

Compare 1587 edition: 1 2 The 7. alteratiõ of lawes was practiſed by the Saxons, for I ouerpaſſe the lawes made by the Romaines, whoſe order do partly re|maine in publike notice, vnder y^e names of the mercian, [...]ercian [...]. [...]xon [...]. [...]ne law. and the Saxon Lawe. Beſide theſe alſo I reade of the Danelawe, ſo that the people of middle england, were ruled by the firſt, the weſt Saxons by the ſeconde, as Eſſex, Norffolke, Suffolke, Cambridgſhire, and part of Herford ſhyre, were by the third, of al the reſt the moſt inequal & intollerable. Among other things alſo vſed in the time of y^e Saxons, it ſhal not be amyſſe to ſet downe the forme of their Ordalian law, which they brought hither with them from beyonde the Seas, and vſed onely in the tryall of giltye and vngiltineſſe. Certes it conteyned not an ordinary procéeding by dayes and termes, as in the Ciuile and common lawe we ſée practiſed in theſe dayes but a ſhorte diſpatch and tryall of the matter, by fyre, or water, whereof at this preſent I wil deliuer the cir|cumſtance, as I haue faithfully tranſlated it out of an auncient volume, and conferred wyth a prynted coppie, lately publiſhed by M. Lambert, nowe extaunt to be redde.

Compare 1587 edition: 1 The Ordalian ſaith the aforeſayd authour, was a certaine maner of purgation vſed two wayes, whereof the one was by fire, the other by water. In thexecution of that which was done by fire, the party accuſed ſhoulde go a certaine number of paces, with an hote péece of yron in his hande, or elſe bare footed vpon certaine plough ſhares, redde hotte, ac|cording to the maner. This Iron was ſome|time of one pounde weight, and then was it called ſingle Ordalium, ſometimes of three, & then named treble, Ordalium, and whoſoe|uer did beare or treade on the ſame without hurt of his body, he was adiudged giltleſſe, otherwyſe if his ſkin were ſcorched, he was foorthwith condemned as gylty of the treſ|paſſe wherof he was accuſed.

Compare 1587 edition: 1 There were in lyke ſorte two kinds of tri|all by y^e water, that is to ſay, either by hote, or colde: & in this tryall the partye thought culpeable, was eyther tumbled into ſome pond, or huge veſſel of colde water, wherein if he continued for a ſeaſon, without wreſt|ling or ſtrugling for lyfe, he was foorthwyth acquited as giltleſſe of the facte whereof hée was accuſed: but if he beganne to plunge, & labor once for breath immediately vpon his falling into that lyqour, he was by and by condemned, as gilty of the crime. Or elſe he did thurſt his arme vp to the ſhoulder into a leade, copper, or Caldron of ſéething water, from whence if he withdrewe the ſame with|out any maner of damage, he was diſchar|ged of farder moleſtation: otherwyſe hée was taken for a treſpaſſer, and puniſhed ac|cordingly. The fiery maner of purgation be|longed onely to noble men and women, and ſuch as were frée borne, but the huſbandmen and villaines, were tryed by water, whereof to ſhewe the vnlearned dealing and blynde ignoraunce of thoſe times, it ſhall not bée impertiment to ſet foorth the whole maner, which continued here in England vntill the time of King Iohn, who ſéeyng the manifold ſubtilties in the ſame, did extinguiſh it alto|gither as flat lewdeneſſe and bouerye. The Rubrik of y^e treatize entereth thus. Here be|ginneth y^e execution of Iuſtice, whereby the giltie or vngiltie are tried by hote Iron. Thẽ it followeth. After accuſatiõ lawfully made, and thrée dayes ſpent in faſting and prayer, the Prieſt being cladde in all his holly ve|ſt [...]es, ſauing his veſtiment, ſhall take the Iron layde before the alter with a payre of tongues, and ſinging the himme of the thrée children, that is to ſaye, O all yée wookes of God the Lorde, and in latine Benedicite om|nia opera, &c. he ſhall cary it ſolemly to y^e fire (already made for y^e purpoſe) & firſt ſay theſe words ouer the place where y^e fire is kindled wherby this purgation ſhall bée made in la|tin as inſueth Benedic domine deus locum, iſ|tum vt ſit nobis in eo ſanitas, ſanctitas, caſtitas, virt et victoria, et ſanctimonia, humilitas, bo|nitas, EEBO page image 108 lenitas, et plenitudo Legis, et obediẽtia deo patri et filio etſpiritui ſancto, Hec Be|nedictio, ſit ſuper hunc locum, et ſuper omnes habitantes in eo, in Engliſh: Bleſſe thou O Lorde this place that it may be to vs health holyneſſe, chaſtity, vertue, and victory, pure|neſſe, humilitie, goodneſſe, gentleneſſe, and fulneſſe of the lawe, and obedience to God the father, the ſonne, & the holy ghoſt. This bleſſing be vpon this place, and all that dwel in it. Then followeth the bleſsing of the fire. Domine deus, pater omnipotens lumen inde|ficiens, exaudi nos, quia tu es conditor, omni|um luminum. Benedic domine hoc lumen, quod aute ſanctificatum eſt, qui illuminaſti omnẽ hominem, venientem in hunc mundũ, (vel mundum) vt ab eo lumine accedamur igne claritatis tuae, & ſicut igne illuminaſti, Moſen, ita nunc illumina corda noſtra, et ſen|ſus noſtros, vt ad vitam eternam, mereamur peruenire, per chriſtum. &c. Lord God father almightie, light euerlaſting, heare vs, ſith y^u art the maker of all lyghtes. Bleſſe O Lord this light, y^t is already ſanctified in thy ſight, which haſt lightned all men that come into the worlde, (or the whole worlde) to the ende that by the ſame lyght, we may be lightned wyth the ſhining of thy brightneſſe. As thou diddeſt lighten Moyſes, ſo nowe illuminate our hearts, and our ſenſes, that we may de|ſerue to come to euerlaſting lyfe, thorowe Chriſt our &c. Thys beyng ended let him ſaye the pater noſter. &c. then theſe wordes. Sal|uum fac ſeruum &c. Mitte ei auxilium deus. &c. De Sion tuere eum. &c. Dominus vobiſcũ. &c, that is. O Lorde ſaue thy ſeruant, &c. Sende him helpe O God frõ thy holy place defende him out of Syon. &c. Lorde here. &c. The Lorde be with you. &c.

Compare 1587 edition: 1 The prayer. Benedic domine ſancte pater omnipotens deus, per inuocationem ſanctiſ|ſimi nominis tui, et per aduentum fihj tui, at| per donum ſpiritus paracleti, ad manifeſtã|dum verum iudicium tuum, hoc genus metal|li, vt ſit ſanctificatum, et omni demonum fal|ſitate procul remota, veritas veri iudicij tui fi|delibus tuis manifeſta fiat, per eundem domi|num. &c. in Engliſhe. Bleſſe we beſéech thée O Lorde, holy father, euerlaſting God tho|rowe the inuocation of thy moſt holy name, by the comming of thy ſonne, and gyft of the holy ghoſt, and to the manifeſtation of thy true iudgement, this kinde of mettall, that being hallowed, and all fraudulent practiſes of the deuils vtterly remooued, the manifeſt truth of thy true iudgement, maye be reuea|led, by the ſame Lorde Ieſus &c.

Compare 1587 edition: 1 After this let the yron be layde into the fyre, and ſprinckled with holy water, and whileſt it hea|teth, let the Prieſt go to maſſe, and doe as order re|quireth, and when he hath receiued the hoſt, he ſ [...]d, call the man that is to be purged (as it is written hereafter) firſt adiuring him, and then permitting hym to communicate according to the maner.

Compare 1587 edition: 1 The Office of the maſſe.

Iuſtus es domine, &c. O Lord thou art iuſt. &c.

Compare 1587 edition: 1 The Prayer.

ABſolue queſumus domine delicta famu [...]|li tui, vt a peccatorum ſuonim nexibus quae pro ſua fragilitate contraxit, tua benig|nitate liberetur, & in hoc iudicio quoad me|ruit iuſtitia tua praeueniente, ad veritatis ce [...]|ſuram peruenire mereatur. per Chriſtum do|minum. &c.

That is

Pardon wée beſéech thée O Lorde, the ſinnes of thy ſeruaunt, that be|ing deliuered from the burden of his offen|ces, wherewith he is intangled, he may be cleared by thy benignitie, and in thys hys tryal (ſo farre as he hath deſerued, thy mercy preuenting him) he maye come to the know|ledge of the truth, by chriſt our Lorde. &c.

Compare 1587 edition: 1 The Goſpell. Mar. 10.

IN illo tẽpore, cum egreſſus eſſet Ieſus in via, procurrens quidã genu flexo ante eum, ro|gabat eum dicens, Magiſter bone, quid faciam vt vitam eternam percipia. Ieſus autem dixit ei, quid me dicis bonum? &c.

In thoſe dayes when Ieſus went foorth towarde hys iour|ney, & one méeting in him the way running [...] & knéeling vnto him, aſked him ſaying, God Maiſter what ſhal I doe that I may poſſeſſe eternall lyfe. Ieſus ſayd vnto him, why cal|leſt y^u me good. &c.

Then followeth the ſecrete and ſo foorth all of the reſt of the maſſe. But be|fore the partye doth communicate, the Pryeſt ſhall vſe theſe wordes vnto hym.

Adiuro [...] per patrem, & filium, & ſpiritum ſanctum, & per veram chriſtianitatem quam ſuſcepiſti, & per ſanctas relliquias quae in iſta eecleſiaſu [...] & per baptiſmum quo te ſacerdos regenera [...] vt non preſumas vllo modo communi [...]a [...] neque accedere ad altare, ſi hoc feciſti aut cõ|ſenſiſti &c.

I adiure thee by the Father the ſonne and the holy Ghoſt, by the true chriſten+dome which thou haſt receyued, by the holly relliques which are in this Church, and [...] the baptiſme, wherewith the Prieſt hath re|generated thée, that thou preſume not by a|ny maner of meanes, to communicate, nor come about the aultar, if thou haſt done or conſented vnto thys, whereof thou art accu|ſed. &c.

Here let the Prieſt ſuffer him to com|municate, ſaying.

Corpus hoc, & ſanguis do|mini noſtri Ieſu Chriſti, ſit tibi ad probatiou [...] hodie. The [...] yet [...] This body & this bloud of our Lord Ieſus Chriſt, be vnto thée a tryall this daye

Compare 1587 edition: 1 2 3 4 EEBO page image 99 The prayer.

Perceptis domine deus noſter ſacris muneribus, ſupplices deprecamur, vt huius participatio ſacramenti a proprijs nos reatibus expediat, & in famulo tuo veritatis ſententiam declaret. &c.Hauing receaued O Lord God theſe holy miſteries, we humbly beſéeche thée that the participation of thys ſacrament, maye rydde vs of our guilty|neſſe, and in this thy ſeruaunt ſet foorth the truth.

Then ſhall followe Kyrieleſon, the Leta|nye, and certayne Pſalmes, and after all them

Oremus, Let vs praye, Deus qui per ignem ſigna magna oſtendens Abraham puerum tu|um de incendio Chaldeorum quibusdam pe|reuntibus eruiſti, Deus qui rubum ardere an|te conſpectum Moyſis & minime comburi permiſiſti. Deus qui de incẽdio fornacis Chal|daicis pleriſque ſuccenſis, tres pueros tuos il|leſos eduxiſti. Deus qui incendio ignis popu|lum Sodomae inuoluens, Loth famulum tuũ cum ſuis ſalute donaſti, Deus qui in aduentu ſancti ſpiritus tui, illuſtratione ignis fideles tuos ab infidelibus decreuiſti. Oſtẽde nobis in hoc prauitatis noſtrae examine virtutẽ eiuſ|dem ſpiritus &c. Et per ignis huius feruorem diſcernere infideles, vt a tactu eius cui inquiſi|tio agitur, conſcius exhorreſcat, & manus e|ius comburatur, innocens vero poenitus illae|ſus permaneat, &c. Deus cuius noticiam nul|la vnquam ſecreta effugiunt, fidei noſtrae tua bonitate reſponde, & preſta vt quiſquis pur|gandi ſe gratia, hoc ignitum tulerit ferrum, vel abſoluatur vt innocens vel noxius detega|tur. &c. in Engliſhe thus. O God which in ſhowing great tokens by fire diddeſt deliuer Abraham thy ſeruaunt frõ the burnyng of y^e Chaldeis, whileſt other periſhed. O god whi|che ſuſſeredſt the buſhe to burne, in y^e ſight of Moyſes, & yet not to conſume. O God which deliueredſt the thrée childrẽ frõ bodily harme in the Fornace of the Chaldies, whileſt dy|uers were conſumed. O God which by fyre diddeſt wrap the people of Sodome in their deſtruction, and yet ſauedſt Lot & his daugh|ters from peryll. O God which by the ſhy|ning of thy brighneſſe at the comming of the holly ghoſt in likewyſe of fire, diddeſt ſepe|rate the faithfull, from ſuch as beléeued not: ſhew vnto vs in y^e tryall of this our wicked|neſſe, the power of the ſame ſpirit. &c. And by y^e heate of this fire deſcer [...]e the faithful from the vnfaithfull, that the giltie whoſe cauſe is nowe in tryall, by touching thereof, maye tremble and feare, and his hande be burned, or beyng innocent, that he maye remaine in ſafety. &c. O God frõ whom no ſecretes are hidden, let thy goodnes anſwere to our faith, & graunt that whoſoeuer in thys purgation, ſhall touch and beare thys Iron, may either be tryed an innocent, or reuealed as an offẽ|der. &c.

After this the Prieſt ſhall sprynckle the Iron wyth Holly water, ſaying.

The bleſſing of God, the Father, the Sonne, and the Ho|ly ghoſt, be vpon this Iron, to the reuelation of the iuſt iudgement of God.

And foorthwith lette hym that is accuſed, beare it by the length of nyne foote, and then lette his hande be wrap|ped and ſealed vppe for the space of three dayes, after thys yf anye corruption or rawe fleſhe ap|peare where the Iron touched it, lette him be con|demned as guiltie: yf it be whole and ſounde, let hym giue thankes to God. And thus much of the fierye Ordalia, wherevnto that of the water hath ſo precyſe relation that in ſet|ting foorth of the one, I haue alſo deſcribed the other, wherefore it ſhall be but in vaine, to deale any farder withall. Hetherto alſo as I thinke, ſufficiently of ſuch lawes as were in vſe before the conqueſt. Nowe it reſteth that I ſhould declare the order of thoſe, that haue béene made ſith the comming of the Normãs, but for aſmuch as I am no lawier, & therfore haue but lyttle ſkyll to procéede in the ſame accordingly, it ſhall ſuffice to ſet downe ſome generall dyſcourſe of ſuch as are vſed in our daies, and ſo much as I haue gathered by report and common here ſaye. We haue therfore in Englãd ſundry lawes, and firſt of all the ciuile, vſed in the chaunce|ry, admiraltie, and dyuers other courtes, in ſome of which, the ſeuere rygor of Iuſtice is often ſo mittigated by conſcience, that dyuers thinges are thereby made eaſie and tollerable, whyche otherwyſe woulde ap|peare to be méere iniurye and extremity. We haue alſo a great part of the Cannon lawe daily practiſed among vs, eſpecially in caſes of tithes, contracts of matrimony, and ſuch lyke, as are vſually to be ſéene in the conſiſtories of our Biſhoppes, where the ex|ercyſe of the ſame is verye hotely follow|ed. The third ſorte of lawes, that we follow, are our owne, and thoſe alwaies ſo variable, and ſubiect to alteration and change, that oft in one age, diuers iudgementes doe paſſe vpon one maner of caſſe, wherby the ſaying of the Poet

Tempora mutantur, & nos mutamur in illis.

maye very well be applyed vnto ſuch as be|yng vrged with theſe wordes in ſuch a yeare of the Prince this opinion was taken for ſounde lawe, doe aunſwere nothing elſe, but that the iudgement of our lawyers is nowe altered, ſo that they ſaye farre otherwyſe. The regiment that we haue therefore after our owne ordinaunces dependeth vpon Sta|tute lawe, Common law, Cuſtomary law, & Preſcription.

Compare 1587 edition: 1 EEBO page image 109 Parlia|ment law.The firſt is deliuered vnto vs by Parlia|ment, which court is the higheſt of all other, and conſiſteth of thrée ſeuerall ſortes of peo|ple, that is to ſay, the Nobility, Clergy, and commons of thys Realme, and there to is not ſomoned, but vppon vrgent occaſion when the prince doth ſée his time, and that by ſeueral writtes, dated commonly ful ſixe wéekes before it begin to be holden. Such lawes as are agréed vpõ in the higher houſe by the Lordes ſpirituall and temporall, and in the lower houſe by the commons and bo|dye of the realme, (wherof the conuocation of the cleargy holden in Powles is a mem|ber,) there ſpeaking by the mouth of the knights of the ſhire and burgeſſes, remaine in the ende to be confirmed by the Prince, who commonly reſorteth thither vppon the firſt and laſte daies of thys court, there to vnderſtande what is done, & giue his royall conſent to ſuch eſtatutes as him lyketh of. Comming therefore thither into the higher houſe, and hauing taken his throne, the ſpea|ker of the Parliament (for one is alwayes appoynted to go betwéene the houſes, as an indifferent mouth for both) readeth openlye the matters there determined by the ſayde thrée eſtates, and then craueth the Princes conſent and confirmation to the ſame.

Compare 1587 edition: 1 The king hauing heard the ſomme & prin|cipall pointes of each eſtatute briefly recited vnto him, aunſwereth in French with great deliberation vnto ſuch as he lyketh, (Il nous plaist) but to the reſt Il ne plaist, whereby the latter are vtterly made voyde and fruſtrate. That alſo which his Maieſtie liketh of, is e|uer after holden for law, except it be repealed in any the lyke aſſembly. The number of the commons aſſembled in the lower houſe, be|ſide the clergie cõſiſteth of ninetie Knights. For eache ſhyre of England hath twoo gen|tlemen or knights of greateſt wiſedome and reputation choſen out of the bodye of the ſame for that only purpoſe, ſauing that for wales one only is ſuppoſed ſufficient in eue|rie countie, whereby the number afore men|tioned is made vp. There are likewyſe four|tie and ſixe Citizens, 289. Burgeſes, and fourtéene Barons, ſo that the whole aſſem|bly of the layetie of the lower houſe, cõſiſteth of foure hundred thirtie and nine perſons, if the iuſt number be ſupplyed. Of the lawes here made lykewyſe ſome are penall and re|ſtraine the common lawe, and ſome againe are founde to inlarge the ſame. The one ſort of theſe alſo are for the moſt part takẽ ſtrict|lye according to the letter, the other more largely and beneficially after their intende|ment and meaning.

Compare 1587 edition: 1 2 3 The Common Lawe ſtandeth vppon Sundrye Maximes or Princyples,Common Lawe and yeares or tearmes, which doe conteine ſuch caſes as by great ſtudye and ſolemne argu|ment of the iudges, and thereto the déepeſt reach & foundations of reaſon, are ruled and adiudged for lawe. Certes theſe caſes are o|therwiſe called plées or actiõs, wherof there are two ſortes the one criminall & the other ciuile. The meanes & meſſengers alſo to de|termine thoſe cauſes are our writtes, wher|of there are ſome Originall and ſome Iudi|ciall. The parties plaintife and defendant when they appeare procéede (if the caſe do ſo require) by plaint or declaration, aunſwere, replication and reioynder, and ſo to iſſue, the one ſide affirmatiuely, the other negatiuely. Our trialles, and recoueries are eyther by verdict and demourre, confeſſion or default, wherein if any negligence or treſpaſſe hath béene committed, eyther in proceſſe & forme, or in matter & iudgement, the partie grieued may haue a writte of errour to vndoe y^e ſame but not in the ſame court where the former iudgement was giuen.Cuſto [...] La [...] Cuſtomarie law con|ſiſteth of certaine laudable cuſtomes vſed in ſome priuate country, entended firſt to be|ginne vppon good and reaſonable conſidera|tions, as gauell kinde which is all the male children to inherite, & cõtinued to this day in Kent: or Burrow kinde where the yongeſt is preferred before the eldeſt, which is the cuſtome of many countries of this region, & ſo forth of ſuch like to be learned elſe where.

Compare 1587 edition: 1 2 3 Preſcription is a certayne cuſtome,Preſcrip [...]|tion. which hath continued time out of minde, but it is more particular then cuſtomarie lawe, as where onely a pariſh or ſome priuate perſon doth preſcribe to haue common, or a way, in another mans ſoyle, or tithes to be payde af|ter this or that maner, I meane otherwyſe then the common courſe & order of the lawe requyreth, whereof let thys ſuffice at thys tyme, in ſtéede of a larger diſcourſe of our owne lawes, leaſt I ſhoulde ſéeme to enter farre into that whereof I haue no ſkill. For what hath the meditation of the lawe of God to doe with any preciſe knowledge of the law of man, ſith they are ſeuerall trades and in|cident to diuers perſons. There are alſo ſun|drie vſuall courtes holdẽ once in euery quar|ter of the yeare, which we commonlye call tearmes of the latin worde Terminus, Ter [...]. wher|in all cõtrouerſies are determined, that hap|pen within the Quéenes dominions. Theſe are commonly holden at London except vpõ ſome great occaſion they be tranſferred to o|ther places, at what times alſo they are kept the table inſuing ſhal eaſily declare. Finally EEBO page image 100 howe well they are followed by ſutet [...] the great welth of our lawiers without any tra|ueyle of mine can eaſily [...]. This fur|thermore is to be noted that albeit the prin|ces heretofore reigning in this lande [...] [...]e|rected ſundry courtes eſpecially of the th [...]| [...]erie at Yorke and Lu [...] the caſe of poore men dwelling in [...], yet will the pooreſt (of all [...] moſt con|tencious) refuſe to haue his cauſe hearde ſo néere home, but indeuoureth rather [...] vtter vndooing to trauelle vpon Londõ, th [...] king there ſooneſt to pr [...] againſt his ad|uerſary, though his [...] ſo doubtful. But in this toye [...] [...]oe exc [...] of all that euer I hearde, for [...] ſhall here & there haue ſome one adde poore Dauid of the giuen ſo much to contention and ſtrife, that without all reſpect of charges he will vp to London, though he go bare legged by the waye, and carye his hoſen on his necke (to ſaue theyr féete from [...]) bycauſe he hath no chaunge. When he commeth there alſo he will make ſuch importunate begging of his countreymẽ, and hard ſhift otherwiſe, that he will ſometymes carye downe ſixe or ſeuen writtes in his purſe, wherwith to mo|leſt his neighbour, though the greateſt quar|rell be ſcarſely woorth the price that he payd for any one of thẽ. But ynough of this leaſ [...] in reuealing the ſuperfluous follye of a fewe brablers in this behalfe, I bring no good wil to my ſelfe amongſt the wyſeſt of that natiõ. Certes it is a lamentable caſe to ſée further|more how a number of poore men are dayly abuſed and vtterly vndone, by ſundrie var|lets that go about the countrey as brokers betwéene the petty foggers of the lawe,Thrée Varlettes worthie to be chroni|cled. and the common people, onely to kyndle coales of contention, wherby the one ſide may reape commodity and the other be put to traueyle. But of all that euer I knew in Eſſex, Denis and Mainford excelled, till Iohn of Ludlow aliâs Maſon came in place, vnto whome in compariſon they two were but children and babes, for he in leſſe thẽ thrée or foure yeres, did bring one man (among many elſe where in other places almoſt to extréeme miſery, (if beggery be the vttermoſt) who before hée had the ſhauing of his bearde, was valued at two hundred pounde (I ſpeake with the leſt) who finally féeling that he had not ſufficent wherwith to ſuſteine himſelf, & his familie, & alſo to ſatiſfie that gréedie rauenour, that ſtil called vpon him for new fées, he went to bed and within foure dayes made an ende of hys wofull life, euen with care & penſiueneſſe. Af|ter his death alſo he ſo hãdled his ſonne, that there was neuer ſhéepe ſhorne in Maie, ſo néere clypped of hys [...]ée [...]e preſent, as hée was of manye to come, ſo that he was com|pelled to let away his leaſe land, becauſe his cattell and ſtocke were conſumed, and he no longer able to occupie the ground. But here|of let this ſuffiſe, [...] [...]ſtée [...]e of theſe enor|mities, two tables ſhall [...], whereof the firſt ſhall containe the names of the Coun|tyes, Cities, Borowes and Portes, which ſend knightes, Burgeſes and Barons to the Parliament houſe, the other an [...] report of the beginnings and endes of tearme with their returnes, according to the maner, as I haue borrowed them [...] my friende Iohn Stow, whyche this impreſſion was in hande.

The names of Counties, Cities, Borowghes, and Portes, ſending Knightes, Citizens, Burgeſes and Barons, to the Par|liament of Eng|lande.

Compare 1587 edition: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52

• Bedforde.

  • KNightes 2
  • The borowgh of Bedforde. 2

• Buckingham.

  • Knightes 2
  • The borowgh of Buckingham. 2
  • The borowgh of Wickombe. 2
  • The borowgh of Aileſbury. 2

• Barcleeſhyre.

  • Knightes 2
  • The borowgh of New Windſore. 2
  • The borowgh of Reding. 2
  • The borowgh of Wallingforde. 2
  • The borowgh of Abington. 2

• Cornewall.

  • Knightes. 2
  • The borow of Launceſton alias Newport 2
  • The borowgh of Leſkero. 2
  • The borowgh of Loſt wythiell. 2
  • The borowgh of Danheuet. 2
  • The borowgh of Truro. 2
  • The borowgh of Bodmin. 2
  • The borowgh of Helſton. 2
  • The borowgh of Saltaſh. 2
  • The borowgh of Camelforde. 2
  • The boro. of Portighſam alias Portlow. 2
  • The borowgh of Graunpount. 2
  • The borowgh of Eaſtlow. 2
  • The borowgh of Prury. 2
  • The borowgh Tregonye. 2
  • The borow. of Trebenna alias Boſſinny. 2
  • The borowgh of S. Ies. 2
  • The borowgh of Foway. 2
  • The borowgh of Germine. 2
  • The borowgh of Michell. 2
  • The borowgh of Saint Maries. 2

• Cumberlande.

  • Knightes. 2
  • The citie of Caerlile. 2

• Cambridge.

  • Knightes. 2
  • The borowgh of Cambridge. 2

• Cheſter.

  • Knightes. 2
  • The Citie of Cheſter. 2

• Darby.

  • Knightes. 2
  • The borowgh of Darby. 2

• Deuon.

  • Knightes. 2
  • The citie of Exceſter. 2
  • The borowgh of Totnes. 2
  • The borowgh of Plimmouth. 2
  • The borowgh of Bardneſtable. 2
  • The borowgh of Plimton. 2
  • The borowgh of Taueſtocke. 2
  • The borowgh of Dartmouth, Cliſton, and Herdynes. 2

• Dorſet ſhyre.

  • Knightes. 2
  • The borowgh of Poole. 2
  • The borowgh of Dorcheſter. 2
  • The borowgh of Linne. 2
  • The borowgh of Melcombe. 2
  • The borowgh of Waymouth. 2
  • The borowgh of Bureport. 2
  • The borowgh of Shafteſbury. 2
  • The borowgh of Warham. 2

• Eſſex.

  • Knightes. 2
  • The borowgh of Colcheſter. 2
  • The borowgh Malden. 2

• Yorkeſhire.

  • Knightes. 2
  • The citie of Yorke. 2
  • The borowgh of Kingſton vpon Hull. 2
  • The borowgh of Knareſbrugh. 2
  • The borowgh of Skardborowgh. 2
  • The borowgh of Rippon. 2
  • The borowgh of Hudon. 2
  • The borowgh of borowghbridge. 2
  • The borowgh of Thuſke. 2
  • The borowgh of Aldebrugh. 2
  • The borowgh of Beuerley. 2

• Gloceſterſhyre.

  • Knightes. 2
  • The Citie of Gloceſter. 2
  • The borowgh of Cirenceſter. 2

• Huntingtonſhyre.

  • Knightes. 2
  • The borowgh of Huntingdon. 2

• Hertfordſhyre.

  • Knightes. 2
  • The borowgh of Saint Albons. 2

• Herefordeſhyre.

  • Knightes. 2
  • The Citie of Hereford. 2
  • The borowgh of Lempſter. 2

• Kent.

  • Knightes. 2
  • The citie of Cantorbury. 2
  • The citie of Rocheſter. 2
  • The borowgh of Maideſton. 2
  • The borowgh of Qranborowgh. 2

• Lincolne.

  • Knightes. 2
  • The citie of Lincolne. 2
  • The borowgh of Boſtone. 2
  • The borowgh of great Grineſby. 2
  • The borowgh of Stamforde. 2
  • The borowgh of Grantham. 2

• Leiceſter ſhyre.

  • Knightes. 2
  • The borowgh of Leiceſter. 2

• Lancaſterſhyre.

  • Knightes. 2
  • The borowgh of Lancaſter. 2
  • The borowgh of Preſton in Andernes. 2
  • The borowgh of Liuerpole. 2
  • The borowgh of Newton. 2
  • The borowgh of Wigan. 2
  • The borowgh of Clithero. 2

• Middleſex.

  • Knightes. 2
  • The citie of London. 4
  • The citie of Weſtminſter. 2

• Monmouth.

  • Knightes. 2
  • The borowgh of Monmouth. 1

• Northampton.

  • Knightes. 2
  • The citie of Peterborowgh. 2
  • The borowgh of Northampton. 2
  • The borowgh of Barkley. 2
  • The borowgh of Higham Ferres. 1

• Notingham.

  • Knightes. 2
  • The borowgh of Notingham. 2
  • The borowgh Eſtreatforde. 2

• Norfolke.

  • Knightes. 2
  • The citie of Norwich. 2
  • The borowgh of Linne. 2
  • The borowgh of great Iernemouth. 2
  • The borowgh of Thetford. 2
  • The borowgh of caſtell Riſing. 2

• Northumberland.

  • Knightes. 2
  • The borowgh of New Caſtell vpon Tine. 2
  • The borowgh of Morpeth. 2
  • The borowgh of Barwike. 2

• Oxforde.

  • Knightes. 2
  • The citie of Oxforde. 2
  • EEBO page image 101The borowgh of Bambiley. 2
  • The borowgh of Woodſtocke.

• Rutlando.

  • Knightes. 2

• Surrey.

  • Knightes. P 2
  • The borowgh of Southwac [...]. 2
  • The borowgh of Bleching [...]g [...] 2
  • The borowgh of Rigate. 2
  • The borowgh of Guildford. 2
  • The borowgh of Gatton. 2

• St [...]atford.

  • Knightes. 2
  • The citie of Lichfielde. 2
  • The borowgh of St [...]acforde. 2
  • The borowgh of New [...]aſ [...]e [...] vnder Linne. 2
  • The borowgh of Tainworth. 2

• Salop.

  • Knightes. 2
  • The borowgh of Salop. 2
  • The boro. of Bruges alias bridgenorth. 2
  • The borowgh of Ludlow. 2
  • The borowgh of Wenl [...]e. 2

• Southampton.

  • Knightes. 2
  • The citie of Winton. 2
  • The borowgh of Southampton. 2
  • The borowgh of Porteſmouth. 2
  • The borowgh of Peterfielde. 2
  • The borowgh of Stockebridge. 2
  • The borowgh of Chriſt Church. 2

• Suffolke.

  • Knightes. 2
  • The borowgh of Ippeſwich. 2
  • The borowgh of Dunwich. 2
  • The borowgh of Ortford. 2
  • The borowgh of Aldeborowgh. 2
  • The borowgh of Sudbury. 2
  • The borowgh of Eya. 2

• Somerſet.

  • Knightes.
  • The citie of Briſtow. 2
  • The citie of Bath. 2
  • The citie of Welles. 2
  • The borowgh of Taunton. 2
  • The borowgh Bridgewater. 2
  • The borowgh of Minched. 2

• Suſſex.

  • Knightes. 2
  • The citie of Chicheſter. 2
  • The borowgh of Horſham. 2
  • The borowgh of Midhurſt. 2
  • The borowgh of Lewes. 2
  • The borowgh of Shorham. 2
  • The borowgh of Brember. 2
  • The borowgh of Stening. 2
  • The borowgh of Eaſtgreneſted. 2
  • The borowgh of Arundell. 2

• Weſtmerland.

  • Knightes. 2
  • The borowgh of App [...]ſby. 2

• Wilton.

  • Knightes. 2
  • The citie of New Satum. 2
  • The borowgh of Wilton. 2
  • The borowgh of Dounton. 2
  • The borowgh of Hindon. 2
  • The borowgh of Heyteſbury. 2
  • The borowgh of Weſtbury. 2
  • The borowgh of Caine. 2
  • The borowgh of Deuſ [...]es. 2
  • The borowgh of Chypenham. 2
  • The borowgh of Malmeſ [...]ury. 2
  • The borowgh of Cricklade. 2
  • The borowgh of Bu [...]wln. 2
  • The borowgh of Ludge [...]a [...]e. 2
  • The borowgh of Olde Sarum. 2
  • The borowgh of Wotton Baſſet. 2
  • The borowgh of Matleborowgh. 2

• Worceſter.

  • Knightes. 2
  • The citie of Worceſter. 2
  • The borowgh of Withée. 2

• Warwike.

  • Knightes. 2
  • The Citie of Couentry. 2
  • The borowgh of Warwike. 2

• Barons of the portes.

  • Haſtings. 2
  • Winchelſey. 2
  • Rye. 2
  • Rumney. 2
  • Hithe. 2
  • Douer. 2
  • Sandwich. 2

• Mountgomery.

  • Knightes. 1
  • The borowgh of Mountgomery. 1

• Flint.

  • Knightes. 1
  • The borowgh of Flint. 1

• Denbigh.

  • Knightes. 1
  • The borowgh of Denbigh. 1

• Merionneth.

  • Knightes. 1
  • The borowgh of Hauerfordweſt. 1

• Carneruan.

  • Knightes. 1
  • The borowgh of Carneruan. 1

• Angleſey.

  • Knightes. 1
  • The borowgh of Beaumares. 1

• Carmarden.

  • Knightes. 1
  • The borowgh of New Carmarden. 1

• Pembroke.

  • Knightes. 1
  • EEBO page image 111The borowgh of Pembroke. 1

• Cardigan.

  • Knightes. 1
  • The borowgh of Brecknocke. 1

• Radnor.

  • Knightes. 1
  • The borowgh of Radnor. 1

• Glamorgan.

  • Knights. 1
  • The borowgh of Cardiffe. 1

• ¶ The Summe of the foreſayde number of the common houſe videlicet, of

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

3.4. Of the degrees of people in the common wealth of Englande. Cap. 4.

Of the degrees of people in the common wealth of Englande. Cap. 4.

Compare 1587 edition: 1 WE in Englande deuide our people commonlye into foure ſortes, as Gentlemen, Citizens or Burgeſes, Yeomẽ, and Artificerers or labourers. Of gentlemẽ the firſt & chiefe next the king be the Prince, Dukes, Marquiſes, Earles, Viſcontes and Barons: and theſe are called the Nobilitie, they are alſo named Lordes and noble men, and next to them be Knightes and Eſquires, and ſimple gentlemen.

Compare 1587 edition: 1 Prince.The tytle of Prince doth peculiarly be|long to the Kinges eldeſt ſonne, who is cal|led Prince of Wales, and is the heire ap|parant to the Crowne, as in Fraunce the kings eldeſt ſonne hath y^e title of Dolphine, and is named peculiarly Monſieur. So that the Prince is ſo termed of the latine worde, quia eſt principalis poſt Regem. The Kinges yonger ſonnes be but gentlemen by byrth, till they haue receyued creation of hygher eſtate to bée eyther Viſcontes, Earles or Dukes: & called after their names, as Lord Henry, or Lorde Edwarde wyth the additiõ of the worde Grace, properly aſſigned to the king and prince, and by cuſtome conueighed to Dukes, Marquiſes, and their wyues.

Compare 1587 edition: 1 The title of Duke commeth alſo of the La|tine worde Dux, à ducendo, Duke. bycauſe of hys valoir and power ouer the army. In times paſt a name of Office due to the chiefe go|uernour of the whole armie in the warres, but now a name of honour.

Compare 1587 edition: 1 In olde tyme he onely was called Mar|quiſe Qui habuit terram limitaneam, a mar|ching prouince vpon the enemies countreis. But that alſo is chaunged in common vſe, & reputed for a name of great honour next the Duke, euen ouer Counties and ſometimes ſmall cities, as the Prince is pleaſed to be|ſtowe it.

Compare 1587 edition: 1 The name of Earle likewyſe was among the Romaines a name of Office,Erle. who had Comites ſacri palatij, Comites aerarij, Comi|tes ſtabuli and ſuch like, howbeit it appereth that with vs it hath the next place to y^e Mar|quiſe, and he that beareth it is called per|aduenture Comes à comitiua, quia dignus eſt ducere comitiuam in bello. Or elſe bicauſe he is Comes Ducis, a companiõ of the Duke in the warres. And he hath his follower the Viſcont, called eyther Pro Comes, Viſcont. or viceco|mes: who in tyme paſt, gouerned in the coũ|tie vnder the Earle, and nowe without any ſuch ſeruice or office, it alſo is become a name of dignitie next after the Earle, and in degrée before the Baron.

Compare 1587 edition: 1 The Baron is ſuch a frée Lorde,Baron. as hath a Lordſhip or Barony, whereof he beareth his name, & holding of him diuers Knightes & fréeholders: who were woont to ſerue the king in the warres and helde their landes in Baronia, for doing ſuch ſeruice. Theſe Brac|ton (a learned wryter of the lawes of Eng|lande in king Henry the thirdes tyme) tear|meth Barones, quaſi robur belli. The worde Baro is older thẽ that it may eaſily be found frõ whence it came: for euen in the oldeſt hi|ſtories both of the Germaines & French|men, we reade of Barons, and thoſe are at this day called among the Germaines Libe|ri, vel ingenui, as ſome men doe coniecture.

Compare 1587 edition: 1 Vnto this place I alſo refer our Biſhops,Byſhops. who are accounted honourable, and whoſe countenaunces in time paſt was much more glorious then at this preſent it is, bycauſe thoſe luſty Prelates ſought after earthly e|ſtimation, EEBO page image 112 and authoritie wyth far more di|ligence then after the loſt ſhéepe of Chriſt, whereof they had ſmall regarde, as men be|ing otherwiſe occupyed & voyde of leyſure to attende vnto y^e ſame. Howbeit in theſe daies their eſtate remayneth ſtill honourable as before, and the more vertuous they are that be of this calling, the better are they eſtée|med with highe and lowe. Herein there|fore their caſe is growen to be much better then before, for whereas in tymes paſt the cleargie men were feared bycauſe of theyr authoritie and ſeuere gouernement vnder the Prince, now are they beloued generally (except peraduẽture of a few hungrie wõbes that couet to plucke and ſnatch at their loſe endes) for their painefull diligence ſhewed in their calling, and vertuous conuerſation. Finally how it ſtandeth with the reſt of the cleargie, I neyther can tell nor greatly care to know, neuertheleſſe wyth what degrées of honour and woorſhip they haue béene mat|ched in times paſt Iohannes Bohemus in hys De omnium gentium moribus and other doe expreſſe.De Aſia. cap. 12. But as a number of theſe compari|ſons and ambitions tytles are now decayed & woorthily ſhronke in the wetting, ſo giuing ouer in theſe daies to maintayne ſuch pom|pous vanitie, they thincke it ſufficient for thẽ to preache the worde and holde their liuinges to their ſies from the handes of ſuch as inde|uour to diminiſhe them. This furthermore will I adde generally in commendation of the cleargie of Englande that they are for their learning reputed in Fraunce, Portin|gale, Spaine, Germany & Polonia, to be the moſt learned deuines, & therto ſo ſkilfull in the two principal tongues that it is accoun|ted a maime in any one of them, not to be ex|actely ſéene in the Gréeke and Hebrue, much more then to be vtterly ignorant or nothing conuerſaunt in them. As for the latine ton|gue it is not wanting in any, eſpeciallye in ſuch as haue béene made within this twelue or fourtéene yeares, whereas before there was ſmall choyſe, and many cures were left vnſerued bycauſe they had none at all.

Compare 1587 edition: 1 2 Dukes, Marquiſes, Earles, Viſcontes, and Barons, either be created of the Prince, or come to that honour by being the eldeſt ſonnes or higheſt in ſucceſſiõ to their parẽts. For the eldeſt ſonne of a Duke during hys fathers lyfe is an Earle,Duke. the eldeſt ſonne of an Erle is a Baron, or ſometymes a Viſ|cont, according as the creation is. The crea|tion I call the originall donation and condi|tion of the honour giuen by the Prince for the good ſeruice done by the firſt aunceſtor, with ſome aduauncement, which with the ti|tle of that honour is alwayes giuen to hym & to his heires maſles onely. The reſt of the ſonnes of the nobilitie by the rigour of the law be but Eſquires: yet in common ſpeach all Dukes and Marquiſes ſonnes, & Earle [...] eldeſt ſonnes be called Lordes, the which name commõly doth agrée to none of lower degrée then Barons, yet by lawe & vſe theſe be not eſtéemed Barons. The Baronny or degrée of Lords doth aunſwere to the degrée of Senatours of Rome: and the tytle of [...]|bilitie as we vſe to call it in England to the Romaine Patricij. Alſo in Englãd no man is created Baron except he may diſpende of yerly reuenues ſo much as may fully main|tayne and beare out his countenaunce and port. But Viſconts, Earles, Marquiſes and Dukes excéede them according to the pro|portiõ of their degrée & honor. But though by chaunce he or his ſonne haue leſſe, yet he kée|peth his degrée: but if the decay be exceſſiue & not able to maintayne the honour, as Se|natores Romani were moti Senatu: ſo ſome|tymes they are not admitted to the vpper houſe in the parliament, although they kep [...] the name of Lord ſtill, which cannot be takẽ from them, vpon any ſuch occaſion.

Compare 1587 edition: 1 Knightes be not borne, [...] neytheir is any mã a knight by ſucceſſion, no not the Kyng or Prince: but they are made eyther before the battaile to encourage them the more to ad|uenture and trie their manhoode, or after, as an aduauncement for their courage & prow|eſſe alreadie ſhewed, or out of the warres for ſome great ſeruice done, or for the ſingular vertues which doe appeare in them. They are made eyther by the king himſelfe, or by his commiſſion and Royall authoritie giuen for the ſame purpoſe: or by his lieutenaunt in the warres. This order ſeemeth to aun|ſwere in part to that which the Romaines called Equitũ Romanorum. For as Equites Romani were choſen ex cenſu, that is accor|ding to their ſubſtaunce and riches: ſo be Knightes in Englande moſt commonly ac|cording to their yearelye reuenues or ſub|ſtaunce and riches, wherewith to maintaine the eſtate. Yet all that had Equaeſtrem cen|ſum, were not choſen to be knights, no more be all made knightes in England that maye ſpende a knightes landes, but they onelye whom the Prince will honour. The number of the knightes in Rome was vncertaine: and ſo is it of knyghtes wyth vs, as at the pleaſure of the Prince. We call him Knight in Engliſh that the French calleth Cheualier, and the latine Equitem, or Equeſtris ordinis virum. And when any man is made a knight, he knéeling downe is ſtriken of the Prince EEBO page image 103 or his ſubſtitute with his ſworde naked vpõ the ſhoulder, the Prince. &c. ſaying, S [...]yes che|ualier au nom de I [...]ieu. And when he ryſeth vp the Prince ſayth Aduances [...] cheualier. Th [...] is the maner of dubbing knightes at th [...] preſent, and the tearme (dubbing) is the [...] terme for that purpoſe and not creation.

Compare 1587 edition: 1 [...]ghtes [...].At the Coronation of a King or Quéene there be knightes made with longer & more curious ceremonies, called Knightes of the Bath. But howſoeuer one be dubbed or made Knight, his wyfe is by and by cal [...]d Madame, or Ladye, ſo well as the Barons wyfe, he himſelfe hauing added to his name in common appellatiõ this ſiliable Sir, which is the title whereby we call our Knightes here in Englande.

Compare 1587 edition: 1 The other order of Knighthod in Englãd & the moſt honorable is that of y^e Garter, [...]ghtes [...] gar| [...] in|ſtituted by king Edwarde the third, who af|ter he had gayned many notable victories; taken king Iohn of France, & king Iames of Scotland (& kept them both pryſoners in the Tower of London at one time) expulſed king Henry of Ca [...]ſtil the baſtarde out of his realme, and reſtored Don Petro vnto it (by y^e helpe of the Prince of Wales & Duke of Aquitaine his eldeſt ſonne called the black Prince) He then inuented this ſocietie of ho|nour, & made a choiſe out of his owne realme & dominions, & thorowout all Chriſtendome of the beſt moſt excellent and renowmed perſons in all vertues & honour, & adourned thẽ with y^e title to be Knightes of his Order; giuing thẽ a Garter garniſhed with golde & precious ſtones, to were daily on the left leg only, alſo a Kirtle, gowne, cloke, chaperon, coler & other ſolemne and magnificent ap|parell, both of ſtuffe and faſhion exquiſite & heroicall to weare at high feaſtes, as to [...] high and Princely an Order apperteyneth. Of this company alſo he and his ſucceſſours Kinges and Quéenes of Englande, be the Soueraignes, and the reaſt by certaine ſta|tutes and lawes amongſt themſelues be ta|ken as brethren and fellowes in that order to the number of ſixe and twentie, as I finde in a certayne Treatize written of the ſame an example whereof I haue here inſerted worde for worde as it was deliuered vnto me, beginning after this maner.

Compare 1587 edition: 1 I might at this preſent make a long tra [...]|tation of the Rounde table and order of the knightes thereof, erected ſometymes by Ar|thur the great monarche of thys Iſland: and thervnto intreate of the number of his Kni|ghtes and ceremonies belonging to the or|der, but I thincke in ſo dooing that I ſhoulde rather ſet downe y^e latter inuentions of other men, then a true deſcription of ſuch [...] as were performed in déede. I could furthermore with more facilitie describe the Royaltie of Charles the great & his twelue Peeres, with their solemne rites and vsages but vnto this also I haue no great deuotion, considering the truth hereof is nowe so stayned wyth errours and fables inserted into the same by the lewde religious sort, that except a man shoulde professe to lye with the(m) for companye, there is little sounde knowledge to be gathered hereof woorthie y^e reme(m)braunce. In lyke maner dyuers aſwell ſub|iectes as Princes haue [...] to reſtore againe a [...]ounde table in this lande, but ſuch was y^e exceſſiue charges appertayning th [...]|vnto (as they dyd make allowa [...]nce) and to great moleſtation dayly inſued there vpõ be|ſide the bréeding of ſundr [...]e quarrels among the knightes and ſuch as reſorted hyther frõ forrien countries (as it was firſt vſed) that in [...]ne they gaue it ouer & ſuffred their whole inuentions to periſhe and decaye, vntill Ed|warde the third deuiſed an other order not ſo much peſtered with multitude of Knightes as the rounde table, but much more honou|rable for princely port and countenance, as ſhall appeare hereafter.

Compare 1587 edition: 1 The order of the Garter therefore was deuised in the time of King Edward the third, and as some write vppon this occasion. The Queenes maiestie the(n) liuing, being departed from his presence the next way towarde hir lodging, he following soone after, happened to finde hir Garter which slacked by chaunce and so fel from hir legge. His gromes & gentlemen passed by it, as distaining to stoupe & take vp such a trifle: but he knowing y^e owner commaunded one of them to staye & take it vp. Why and like your Grace saieth a Gentleman is but some womans garter that hath fallen fro(m) hir as she folowed y^e Queenes maiestie. Whatsoeuer it be quoth the Kyng take it vp and giue it me. So whe(n) he had receyued the garter, he sayde to such as stoode about him: you my maisters doe make small account of this blew garter here (and therewith helde it out) but if God lende me lyfe for a fewe monethes,Peraduẽ|ture it was but a blew Rib|bon. I will make the prowdest of you all to reuerence the like: and euen vpon this slender occasion he gaue himselfe to the deuising of this order. Certes I haue not read of any thing that hauing had ſo ſim|ple a beginning hath growne in the ende to ſo great honour and eſtimation. But to pro|céede, after he had ſtu [...]yed a whyle about the performaunce of his deuiſe & had ſet downe ſuch orders as he himſelfe had inuented con|cerning y^e ſame, he proclaimed a royall feaſt EEBO page image 113 to be holden at Windſore, whyther all his nobilitie reſorted with their Ladyes, where he publiſhed his inſtitutiõ, and furthwith in|ueſted an appointed number into the afore|ſayd fellowſhip, whoſe names inſue, himſelf being the Soueraigne and principall of that companie. Next vnto him alſo he placed.

Compare 1587 edition: 1
• Edwarde Prince of Wales.
• Henry duke of Lan|caſter.
• N. Earle of Warw.
• N. Capt. de Bouche.
• N. Earle of ſtafford.
• N. Earle of Sarum.
• N. L. Mortimer.
• Sir Iohn Liſ [...]e.
• Sir Bartholomewe Burwaſh.
• N. Sonne of S. Iohn Beauchamp.
• Sir N. de Mahun.
• S. Hugh Courtnay.
• S. Thomas Holland
• S. Iohn Gray.
• S. Rich. Fitzſimon.
• S. Miles Stapleton.
• S. Thomas Wale.
• S. Hugh Wrotoſley.
• S. Neale Lording.
• S. Iohn Chandos.
• S. Iames Dawdley.
• S. O [...]ho Holland.
• S. Henry Eme.
• Sir Sanchet Dam|bricourt.
• Sir Walter Pan|nell alias Paganell.

Compare 1587 edition: 1 What order of electiõ, and what eſtatutes were preſcribed vnto the elected at this firſt inſtitution, as yet I can not exactely vnder|ſtande, neyther can I learne what euerye Prince afterwarde added therevnto before the ſixe and thirtieth yeare of king Henry the eyght, and thirde of king Edwarde the ſixt: wherfore of neceſſitie I muſt reſort vnto the eſtate of the ſayde order as it is at this pre|ſent, which I will ſet downe ſo briefely as I may. When any man therefore is to be e|lected (vpon a rowme found voyd for his ad|miſſiõ) into this fellowſhip, the king directeth his letters vnto him, notwithſtanding that he before hande be nominate vnto the ſame, to this effect. Right truſtie and welbeloued we greete you well, aſſertayning you, that in conſideration aſwell of your approoued trueth & fidelitie, as alſo of your couragious and valiant actes of knighthoode, with other your probable merites knowne by experiẽce in ſundrie parties and behalfes: we with the companions of the noble order of the Gar|ter aſſembled at the election holden this day within our manour of N. haue elected & cho|ſen you amongſt other to be one of the com|panions of the ſayd Order, as your deſertes doe condignely require. Wherfore we will y^t with conuenient diligence vpõ the ſight her|of, you repaire vnto our preſence, there to re|ceyue ſuch thinges as to the ſayde order ap|pertayneth. Dated vnder our ſignet at our maner of Grenewich the 24. of April. Theſe letters as it ſhoulde ſéeme were written An. 3. Edwardi ſexti, vnto the Earle of Hun|tingdon, & the Lorde George Cobham your Lordſhippes honourable father, at ſuch time as they were called vnto the aforeſaide com|pany. I finde alſo theſe names ſubſcribed vnto the ſame.

Compare 1587 edition: 1
• Edwarde Duke of Somerſet, Vncle to the king.
• The Marq. of North|hampton.
• Earle of Arundell L. Chamberleine.
• Earle of Shreweſ|bury.
• L. Ruſſell Lord pri [...]y ſeale.
• L. S. Iohn L. great maiſter.
• Sir Iohn Gage.
• S. Anthony Wing|fielde.
• Sir Wylliam Pa|get.

Compare 1587 edition: 1 Beyng elected preparation is made for his enſtalling at windſore (the place appoin|ted alwaies for this purpoſe) wherat it is re|quired that his Banner be ſet vppe, at twoo yardes and a quarter in length, and thrée quarters in bredth, beſides the frynge. Secondly his ſworde of whatſoeuer length hym ſéemeth good, thyrdely his helme, which frõ the charnell vpwards ought to be of thrée ynches at the leaſt, fourthly the creſt, wyth mantelles to the helme belonging of ſuch conuenient ſtuffe and biggeneſſe, as it ſhall pleaſe him to appoint.

Compare 1587 edition: 1 Item a plate of armes at the backe of hys ſtall, and creſt with mantelles and beaſtes ſupportant, to be grauen in mettall.

Compare 1587 edition: 1 Item lodging ſcoucheons of hys armes in the garter, to be occupyed by the way.

Compare 1587 edition: 1 Item two mantelles one to the remayne in the colledge at Windſore, the other to vſe at hys pleaſure, with the ſcocheon of the armes of S. George in the garter with La|ces Taſſelettes, and knoppes of blewe ſilcke and Golde belonging to the ſame.

Compare 1587 edition: 1 Item a Surcote or Gowne of redde or crimoſine veluet, with a whodde of the ſame lyned wyth white Sarcenet or Damaſke.

Compare 1587 edition: 1 Item a collor of the garter of thirtie oun|ces of golde troye weight.

Compare 1587 edition: 1 Item a tablet of S. George, rychely gar|niſhed with precious ſtones, or otherwyſe.

Compare 1587 edition: 1 Item a Garter for his (left) legge, hauing the buckle and Pendaunt garniſhed wyth Golde.

Compare 1587 edition: 1 Item a booke of the ſtatutes of the ſayde order.

Compare 1587 edition: 1 Item a ſcocheon of y^e armes of S. George in y^e garter to ſet vpon the mantell. And thys furniture is to be prouided againſt his inſta|lation.

Compare 1587 edition: 1 When any Knight is to bée inſtalled, he hath, with hys former letters, a garter ſent vnto him, and when he commeth to be inſtal|led, EEBO page image 104 [...] or his dep [...]tie, [...] him hys collor, and ſo he ſhall haue the [...] of his habit. As for his [...] not giuẽ ac|cording vnto the calling, & [...] of the receyuer, but as the place [...] that happe|neth to be v [...]yd [...], ſo that eache one called vn|to this knyghthoode, (the ſ [...]uereigne, & Em|perours, and Kinges, and Princes alwaies excepted) ſhall haue the ſame [...] which be|came voyd by the death of hys predeceſſor, howſoeuer it fall out, whereby a knight one|ly oftentimes, doth ſit before a Duke, wyth|out anye murmuring or g [...]dgyng at hys roome, except it pleaſe the ſouereigne, once in hys lyfe, to make a generall alteration, of thoſe ſeates, and ſo ſette eache one accor|ding to hys degrée.

Compare 1587 edition: 1 Nowe as touching the apparell of theſe Knyghtes, it remaineth ſuch as King Ed|warde the firſt deuiſor of thys order left it, that is to ſay, euery yere one of the cullours, that is to ſay, Scarlet, Sanguine in graine, blewe and white. In lyke ſorte the Kinges Grace, hath at his pleaſure the content of cloth for hys Gowne & whodde, lyned wyth white Satine, or Damaſke, and multitude of garters with letters of Golde.

Compare 1587 edition: 1 The Prince hath fiue yardes of cloth for his Gowne and whoodde, and garters with letters of Golde at his pleaſure, beſide fiue timber of the fyneſt mineuer.A tymber containeth fourtie ſkinnes.

Compare 1587 edition: 1 A Duke hath fiue yardes of wollen cloth, fyue timber of mineuer, 120. garters with title of Golde.

Compare 1587 edition: 1 A Marquiſe hath fiue yardes of woollen clothe, fiue timber of mineuer 110. garters of ſilke.

Compare 1587 edition: 1 An Earle fiue yardes of woollen clothe, fiue timber of mineuer, and 100. garters of ſilke.

Compare 1587 edition: 1 A Viſcount, fiue yardes of woollen cloth, fiue timber of mineuer, 90. garters of ſilke.

Compare 1587 edition: 1 A Baron fiue yardes of woollen cloth, three timber of mineuer: gresle 80. garters of silke.

Compare 1587 edition: 1 A Banneret, fiue yardes of woollen cloth, three timber of mineuer 70. garters of silke.

Compare 1587 edition: 1 A Knight, fiue yards of woollen cloth, three timber of mineuer 60. garters of silke.

Compare 1587 edition: 1 The Bishop of Winchester Chaplaine of the garter, hath eyght and twentie timber of mineuer pure, nyneteen timber of gr. three timber and a halfe of the best and foure and twentie yardes of woollen cloth.

Compare 1587 edition: 1 The Chauncellour of the Order 5. yardes of woolle cloth, three timber of mineuer pure.

Compare 1587 edition: 1 The register of the Order fiue yardes of woollen cloth, three timber of mineuer pure, and this order to be holden generally amo(n)g the knights of this companie, which are sixe and twentie in number, and whose patrone in time of superstition was supposed to be S. George, of whome they were also called S. Georges knightes as I haue hearde reported.

Compare 1587 edition: 1 2 3 4 5 6 Furthermore at his installation, he is solemnely sworne, the maner whereof I haue thought good also to annexe, in this maner. You being chosen to be one of the honorable companie of the order of the Garter, shall promise and sweare vpon the holly Euangelies by you bodily, touched to be faithful and true to the kings magestie, and to obserue & keepe all the poyntes of the statutes of the sayde order, and euery article in them contayned, the same being agreeable and not repugnant to the kings highnesse other godly proceedings, so farre as to you belongeth and appertaineth, as God you helpe, &c. And thus much haue I thought good to note concerning the premises. As touching the estatutes belonging to this order they are many, and therefore not to be touched here. Howbeit yf any doubt doe aryse aboue the interpretation of them, the king who is the perpetuall Soueraine of that order hath to determine and resolue y^e same. Neither are any chosen therunto vnder the degree of a Knight, and that is not a gentleman of bloud and of sounde estimation. And for the better vnderstanding what is meant by a gentill man of bloude, he is defined to descend of three descentes, of noblenesse, y^t is to say, of name & of armes both by father and mother. There are also foure degrees of reproch, which may inhibit from the entraunce into this order: of which y^e first is heresie lawfully prooued, the second high treason, the thirde is flight from the battaill, the fourth ryot and prodigall excesse of expences, wherby he is not likely to holde out, and maintayne the port of knight of this order, according to the dignitie thereof. Moreouer touching the wearing of their aforesaid apparell it is their custome to weare y^e same when EEBO page image 114 when they enter the Chappell of Saint George, or be in the chapter house of their order, or finally doe go about any thing appertainyng to that company. In lyke sort they weare also theyr mantelles vpon the euen of S. George, & go with the Souereine, or his deputie in the same in maner of procession from the kings great chamber vnto the chapel, or vnto the Colledge and likewyſe back againe vnto the aforeſayde place, not put|ting it from them, vntill ſuppe [...] be ended, & the auoyde done. The next daye they reſorte vnto the chappell alſo in the lyke order, and from thence vnto diner, wearing afterward theyr ſayde apparell vnto euening prayer, & lykewyſe all the ſupper tyme, vntill the avoyd be finiſhed. In the ſolemnity likewiſe of theſe feaſtes, the thirtéene chanons there, & ſixe and twentie poore knightes, haue man|telles of the order, whereof thoſe for the cha|nons are of Murrey with a roundell of the armes of S. George,Sicke or abſent. the other of redde, with a ſcocheon onely of the ſayde armes. If a|nye Knyght of thys order bée abſent from thys ſolemnety vpon the euen and daye of S. George, and be inforced not to be preſent eyther through bodily ſickeneſſe, or hys ab|ſence out of the land: he doth in the Church Chappell, or Chamber where he is remay|ning, prouide an honorable ſtall for y^e kings maieſtie in the ryght hande of the place with a cloth of eſtate, and cuſhions, & ſco|chion of the Garter, and therein the armes of the order. Alſo his owne ſtal of which ſide ſoeuer it be diſtaunt from the kinges or the Emperours in his owne place, appoynted ſo nyghe as he can, after the maner & ſcituation of his ſtall at Windſore, there to remaine, y^e firſt euening prayer on y^e euen of S. George, or thrée of the clocke, & likewiſe the next day duryng the time of the diuine ſeruice, vntyll the Morning prayer, and reſt of the ſeruyce be ended: and to weare in the meane time his mantell onely, wyth the George and the the lace, without eyther whoodde, collor or ſurcote. Or if he be ſo ſicke that he doe kéepe his bedde, he doth vſe to haue that habite laid vpon him during the times of diuine ſeruice aforeſaide. At the ſeruice time alſo vpon the morrow after S. George, two of the chyefe knights (ſauing the deputy of the ſouereigne if he himſelfe be abſent) ſhall offer the kings banner of armes, then other two the ſworde with the hyltes forwardes, which being done the firſt two ſhall returne againe and offer the helme and creſt, hauing at eache time two Harraldes of armes going before, ac|cording to the ſtatutes. The Lorde Deputy or Leeftenaunt vnto the kings Grace, for the tym [...] [...] to offer for himſelfe, whoſe [...] beyng made, euery knight according to their [...], wyth [...] H [...]rald before him procéedeth to the [...].

Compare 1587 edition: 1 What ſolemnitie is vſed at y^e [...] of any knight of y^e [...], [...] it is but in vain to declare wherefore I will ſhewe generally what is done at y^e diſgrading of one of theſe knights, if thorowe any grieuous offence he be ſepa|rated from this companye. Whereas other|wyſe the ſigne of the order is neuer taken from him vntill death doe ende and finiſhe vp his dayes. Therfore when any ſuch thing is to be done, promulgation is made ther|of much after thys maner inſuing. [...]

Compare 1587 edition: 1 2 Be it knowne vnto all men that. N. N. knyght of the moſt noble order of the Gar|ter, is founde gylty of the abhominable and deteſtable cryme of high treaſon, for he hath moſt trayterouſly cõſpired againſt our moſt high and mightie Prince ſouereigne of the ſayde order contrary to all ryght, his duety, and the faithful othe, which he hath ſworne & taken. For which cauſes therfore he hath de|ſerued to be depoſed from thys noble order, & felowſhip of the Garter. For it may not be ſuffred that ſuch a traytour & diſloyall mem|ber remayne among the faithfull knights of noble ſtomacke and bountifull proweſſe, or that hys armes ſhould be myngled wyth thoſe of noble chiualry. Wheerfore our moſt excellent Prince and ſupreame of this noble order, by the aduyſe and counſell of his Col|leges, wylleth and commaundeth that hys armes which he before time had deſerued ſhall be from hencefoorth taken awaye and throwne downe: and he himſelfe cleane cut of from the ſociety of this renowmed order, and neuer from this day reputed any more for a member of the ſame, that all other by hys example may hereafter beware howe they committe the lyke treſpaſſe, or fall in|to ſuch notorious ſhame and rebuke. Thys notice beyng gyuen, there reſorteth vnto the party to be deſgraded certaine officers with diuers of his late fellows appointed, which take frõ him his George, & other inueſtiture, after a ſolemne maner. And thus much of this moſt honorable order, hoping y^t no man wil be offẽded w^t me, for vttering thus much. For ſith the noble order of the Toyſon D [...]r or Golden fléeſ, with the ceremonies apper|teyning EEBO page image 105 vnto the creation and inueſtiture of the ſixe and thirtie knightes thereof: [...]ome [...]ink that [...]is was [...]e aun| [...]er of the Queene, [...]hen the [...]ng aſked [...]hat men [...] think [...]her, in [...]ing the [...]rter af| [...] ſuche a [...]aner. And lykewyſe that of S. Michaell and hys one & thirtie knights, are diſcourſed vpon at large by the hyſtoryographers of thoſe countreys, w^tout reprehenſion or checke, I truſt I haue not gyuen any cauſe of diſpleaſure, briefely to ſet foorth thoſe things that appertaine vn|to our renoumed order of the Garter, in whoſe compaſſe is written commonly, Honi ſoit qui mal y penſe. which is ſo much to ſay, as euill come to him that euill thinketh: a very ſharpe imprecation; and yet ſuch as is not contrary to the worde, which promyſeth lyke meaſure to the meater, as he doth meat to others.

Compare 1587 edition: 1 There is yet an other order of Knights in Englande called Knightes Bannerets,Bãnerets. who are made in the fielde with the ceremony of cutting of the point of his pennant of armes, and making it as it were a Banner. He be|ing before a Bacheler Knight, is nowe of an higher degrée & alowed to diſplay his armes in a banner as Barrons doe. Howbeit theſe Knights are neuer made but in the warres, the kinges Standard being vnfolded.

Compare 1587 edition: 1 [...]ſquire.Eſquire (which we call commonly Squire) is a Frenche word, and ſo much in latine as Scutiger vel armiger, and ſuch are all thoſe which beare Armes, or Armoires, teſtimo|nies of their race from whence they be diſ|cended. They were at the firſt Coſterelles or the bearers of the Armes of Barrons, or knightes, and therby being inſtructed in Ar|mes, had that name for a dignitie giuen to di|ſtinguiſhe them from common ſouldiours, when they were togither in the fielde.

Compare 1587 edition: 1 2 [...]entlemẽ.Gentlemen be thoſe whome their race and bloode doth make noble and knowne. The la|tines call them Nobiles & generoſos, as the Frenche doe Nobles. The Etimologie of the name expoundeth the efficacie of the worde & for as Gens in latin betokeneth the race and ſurname. So the Romaines had Cornelios, Sergios, Appios, Fabios, Aemilios, Iulios, Bru|tos. &c. of which, who were agnati and ther|fore kept the name, were alſo called Gentiles, gentlemen of that or that houſe and race. As the king or Quéene doth dubbe knights, and createth the Barons and higher degrées, ſo gentlemẽ whoſe aunceſtours are not knowẽ to come in with Williã Duke of Norman|die, do take their beginning in Englãd, after this maner in our tymes. [...]yers [...]ents Vni| [...]ſities. [...]iſitiõs [...]pteines Whoſoeuer ſtu|dieth y^e lawes of the realme, who ſo ſtudieth in the Vniuerſitie, or profeſſeth Phiſicke and the liberall Sciences, or beſide his ſeruice in the rowme of a capitaine in the warres, can liue ydlely and without man [...]ell labour, and therto is able and wil beare the port, charge and countenaunce of a gentleman, he ſhall be called Maſter (which is the title that men giue to Eſquires and Gentlemenne) and reputed for a Gentleman, which is ſo much the leſſe to be diſalowed, as for that y^e Prince doth loſe nothing by it, y^e gentlemã being ſo much ſubiect to taxes and publicke paymẽts as is the Yeoman or huſbandman, which he alſo doth beare the gladlyer for the ſauing of his reputation. Being called in the warres, whatſoeuer it coſt him, he will both arraye and arme himſelfe accordinglye, and ſhewe y^e more manly courage and all the tokens of y^e perſon which he repreſenteth: No mã hath hurt by it but himſelf, who peraduenture wil now and then heare a bigger ſayle then hys boate is able to ſuſtaine.

Compare 1587 edition: 1 Citizens and Burgeſes haue next place to gentlemen,Citizens. who be thoſe that are frée with|in the cities, and are of ſome ſubſtaunce to beare. Office in y^e [...]au [...]e. But theſe citizens or Burgeſes are to ſerue the cõmon wealth in their cities and Borowghes, or in corporate towne [...] where they dwell. And in the com|mon aſſembly of the realme to make lawes (called the Parliament,) the ancie [...]t Ei [...]e [...] appoint foure, and the borowghe tw [...] Bur|geſes to haue voy [...]es in it, and to giue their conſent or diſſent vnto ſuch thinges as paſſe or ſtay there in the name of the citie or Bo|rowe, for which they are appointed.

Compare 1587 edition: 1 In thys place alſo are our Marchauntes to be enſ [...]alled as amõg the Citizens,Marchãts whoſe number is ſo increaſed in theſe our dayes, that theyr onely maintenaunce is the cauſe of the excéeding prices of forreine wares, which otherwyſe when eache nation was permitted to bring in hir owne commodi|tyes, were farre better cheape and more plentifully to be had. Among the Lacedemo|nians it was founde out that great num|bers of Merchauntes were nothing to the furtheraunce of the ſtate of the common wealth [...]: wherefore it is to be wyſhed that the heape of them were ſomewhat reſtreig|ned, ſo ſhould the reſt lyue more eaſily vpon theyr owne, & few honeſt chapmẽ be brought to decaye, by breaking of the bankcrupt. I doe not denie but that the nauie of the lande is in part maintained by their [...]a [...]c [...] and ſo are the highe prices of thinges kept vp now they haue gotten the only ſale of things into their handes: whereas in times paſt when the ſtrange bottomes were ſuffered to come in, we had Suger for foure pence the pounde, that nowe is worth halfe a crowne, Ra [...]ſons EEBO page image 115 of Corinth for a peny that now are holden at ſix pence, and ſometime at eight pence & ten pence the pounde: nutmegges at two pence halfe peny the mince: Gynger at a penny an ounce, Proynes at halfe penye fardyng: Great reyſons thrée pounde for a peny, Ci|namon at foure pence the ounce, Cloues at two pence, and Pepper at twelue, and ſixe|tene pence the pounde. Whereby we maye ſée the ſequele of thinges not alwayes to be ſuch as is pretended in the beginning. The wares that they carry out of the Realme, are for the moſt part brode clothes & carſies of all coulours, lykewyſe cottons, fréeſes rugges, tinne, wooll, leade, felles. &c. which being ſhipped at ſundry ports of our coaſts, are borne from thence into all quarters of the worlde, and there eyther exchaunged for other wares, or ready money: to the great game and commoditie of our Merchauntes. And whereas in times paſt our chiefe trade was into Spaine, Portingall, Fraunce, Flaunders, Danſke, Norway, Scotlande, and Iſeland onely: ſo in theſe dayes, as men not contented wyth thoſe iourneyes, they haue ſought out the eaſt and weſt Indies, & made voyages not only vnto the Canaries, and newe Spaine, but likewyſe into Catha|ia,Not ſéene in a bate|ment of price of thinges. Moſcouia, Tartaria, & the regions there|about, from whence as they pretende they bring home great commodities.

Compare 1587 edition: 1 Our Yeomen, are thoſe which by our Law+yers are called Legales hommes, fre mẽ born Engliſh, and maye diſpende of theyr owne frée lande in yerely reuenewe, to the ſumme of 40. s. ſterling. This ſorte of people haue a certaine preheminence and more eſtimation then labourers and artificers, and commõ|ly lyue welthely, kéepe good houſes, & trauei|leth to get ryches. They are alſo for the moſt part fermers to gentlemen, & with grazing frequenting of markets and kéeping of ſer|uants ( [...]ot ydle ſeruaunts as the gentlemen doth, but ſuch as get both their owne & part of theyr Ma [...]ſters lyuing) doe come to great wealth, inſomuch that many of them are a|ble and doe buy the landes of vnthrifty gen|tlemen, & often ſetting theyr ſonnes to the Scholes, to the Vniuerſities, and to y^e Innes of the Court or otherwiſe leauing them ſuf|ficient landes wherevpon they maye lyue without labour, doe make their ſayde ſonnes by that meanes to become gentlemẽ. Theſe were they y^t in times paſt made al Fraunce afrayd. And the kings of England in fough|ten battailes, were woont to remaine among theſe Yeomen who were their footemen, as the French Kings did amongſt theyr horſe|men: the Prince thereby ſhewing where his chiefe ſtrength did conſiſt.

Compare 1587 edition: 1 2 The fourth and laſt ſort of people in Eng|lande are day labourers, poore huſbandmẽ, and ſome retaylers (which haue no frée lande) copy holders, & al artificers, as Tay|lours, Shoomakers, Carpenters: Bricke|makers, Maſons. [...] &c. As for ſlaues & [...] we haue none. Theſe therfore haue neither voice nor authoritie in y^e common welth, but are to be ruled, & not to rule other: yet they are not altogither neglected, for in cities and corporalte Townes, for default of Yeomen they are fayne to make vp their enqueſtes [...] of ſuch maner of people. And in Villages they are commonly made Church wardens Sidemen, Aleconners, Conſtables, & many tymes enioye the name of hedborowghes. Thys furthermore amonge other thynges I haue to ſaye of our huſbandmen and ar|tificers, that they were neuer ſo excellent in theyr trades as at this preſent. But as the workemanſhippe of the later ſort was neuer more fine and curious to the eye, ſo was it neuer leſſe ſtrong and ſubſtanciall for conti|nuance and benefite of the buyers. Certes there is nothing that hurteth our artificers more then haſt, and a barbarous or ſlauiſhe deſire, by ridding their work to make ſpéedy vtteraunce of theyr wares: which inforceth thẽ to bũgle vp & diſpatch many things they care not howe ſo they be out of theyr hands, whereby the buyer is often ſore defraude [...], and findeth to hys coſt, that haſt maketh waſt; accordyng to the prouerbe. But to leaue, theſe thinges and procéede wyth [...] purpoſe, and herein (as occaſion ſerueth) generally to ſpeake of the common wealth of Englande, I find that it is gouerned and maintained by thrée ſortes of perſons.

Compare 1587 edition: 1 1 The Prince Monarch and heade gouer|nour which is called the king, or (if y^e crown fall to the Woman) the Quéene: in whoſe name and by whoſe authoritie, all thynges are adminiſtred.

Compare 1587 edition: 1 2 The Gentlemen, which be deuided into two parts, as y^e Barony or eſtates of Lord [...], (which conteyneth Barons and all aboue that degrée) and alſo thoſe that be no Lords, as Knightes, Eſquiers, and ſimple Gentle|men. &c.

Compare 1587 edition: 1 3 The third and laſt ſort is named the Yeo|manrye, of whome and their ſequele, the la|bourers and Artificers, I haue ſayde ſome|what euen nowe.

Compare 1587 edition: 1 Of theſe alſo ſomeare by the Prince, choſe & called to great offices, in the cõmon welth, of which offices diuers concerne the whole realme, ſome be more pryuate and peculyar to the kinges houſe. And they haue their pla|ces EEBO page image 106 and degrées, preſcribed by an Act of par|liament made Ann [...]. 3 [...]. H [...]octaui, after this maner inſuing.

Compare 1587 edition: 1 Theſe foure the Lorde Chauncelour, the Lorde Treaſorour, the Lord preſident of the Counſell, and the Lorde Pri [...]e Seale bée|yng perſons of the degrée of a Ba [...]on or a|boue, are in the ſame act appointed to ſit in y^e Parliament and in all aſſemblies or counſel aboue all Dukes, not being of the bloud roy|all, Videlicet the kinges Brother, Vncle or Nephewe.

Compare 1587 edition: 1 And theſe ſixe, the L. great Chamberlein of Englande: the L. high Conſtable of Eng|lande: the Lorde Marſhall of Englande: the Lorde Admirall of Englande: the Lorde great Maiſter, or Kings Stewarde of the Kings houſe: and the Lorde Chamberleyne: by that acte are to be placed in all aſſemblies of Counſell, after the Lorde Priuie Seale, according to their degrées & eſtates: ſo that if he be a Barron, then to ſitte aboue all Ba|rons: or an Earle, aboue all Earles.

Compare 1587 edition: 1 And ſo likewyſe the kynges Secretarye beyng a Barron of the Parliament, hath place aboue all Barons, and if he be a man of higher degrée, hée ſhall [...]tte and be placed according therevnto.

Compare 1587 edition: 1 2 3 The Temporall Nobilitie of England ac|cording to the auncientie of theyr creations or firſt calling to their degrées.

• [...] Duke [...] Eng| [...]de.The Marquiſe of Wincheſter.
• The Earle of Arondell.
• The Earle of Oxforde.
• The Earle of Northumberlande.
• The Earle of Shreweſbury.
• The Earle of Kent.
• The Earle of Derby.
• The Earle of Worceſter.
• The Earle of Rutlande.
• The Earle of Cumberlande.
• The Earle of Suſſex.
• The Earle of Huntingdon.
• The Earle of Bath.
• The Earle of Warwicke.
• The Earle of Southampton.
• The Earle of Bedforde.
• The Earle of Penbrooke.
• The Earle of Hertforde.
• The Earle of Leyceſter.
• The Earle of Eſſex.
• The Earle of Lincolne.
• The Viſcont Montague.
• The Viſcont Byndon.
• The Lorde of Abergeuenny.
• The Lorde Awdeley.
• The Lorde [...].
• The Lorde [...].
• The Lorde [...].
• The Lorde [...].
• The Lorde [...] of the [...].
• The Lorde Cobham.
• The Lorde Talbot.
• The Lorde Stafforde.
• The Lorde Grey of Wilton.
• The Lorde Scrope.
• The Lorde Dudley.
• The Lorde La [...]ymer.
• The Lorde St [...]urton.
• The Lorde Lumley.
• The Lorde Moun [...]y.
• The Lorde Ogle.
• The Lorde Darcy of the North.
• The Lorde Mountegie.
• The Lorde Sandes.
• The Lorde [...].
• The Lorde Wind [...]ore.
• The Lorde Wen [...]woorth.
• The Lorde Borough.
• The Lorde [...].
• The Lorde Cromwell.
• The Lorde [...].
• The Lorde [...].
• The Lorde Riche.
• The Lorde [...].
• The Lorde [...].
• The Lorde Paget.
• The Lorde D [...]rcy of [...].
• The Lord H [...]warde of Oſſingham.
• The Lord North.
• The Lord Chaundes.
• The Lord of Hunſdon.
• The Lord Saint Iohn of Bleſſo.
• The Lorde of Buckhirſt.
• The Lord Delaware.
• The Lorde Burghley.
• The Lorde Compton.
• The Lorde Cheyney.
• The Lorde Norreys.

Compare 1587 edition: 1

 Byshoppes in their aunciencie, as they [...] in Parliament in the fift of the Queenes Maieſties the reigne.

• The Arch Byſhop of Caunterbury.
• The Arch Byſhop of Yorke.
• London.
• Durham.
• Wincheſter.

Compare 1587 edition: 1 2 The reſt had theyr places in Seniority of Conſecration.

• Chicheſter.
• Landaphe.
• Hereforde.
• Ely.
• Worceter.
• Bangor.
• EEBO page image 116Lincolne.
• Saliſbury.
• S. Dauids.
• Rocheſter.
• Bathe & Welle [...].
• Couentre and Lich|fielde.
• Exceter.
• Norwiche.
• Peterborough.
• Carleile.
• Cheſter.
• S. [...]e.
• Gloceſter.

3.7. Of their apparell and attire. Chap. 7.

Of their apparell and attire. Chap. 7.

Compare 1577 edition: 1 _AN Englishman, indeuoring sometime to write of our at|tire, made sundrie platformes for his purpose, supposing by some of them to find out one stedfast ground whereon to build the summe of his dis|course. But in the end (like an oratour long without exercise) when he saw what EEBO page image 172 a difficult péece of worke he had taken in hand, he gaue ouer his trauell, and onelie drue the picture of a naked man, vnto whome he gaue a paire of sheares in the one hand, and a peece of cloth in the other, to the end he should shape his apparell after such fashion as himselfe liked, sith he cuold find no kind of gar|ment that could please him anie while togither, and this he called an Englishman.Andrew Boord. Certes this writer (otherwise being a lewd popish hypocrite and vn|gratious priest) shewed himselfe herein not to be al|together void of iudgement, sith the phantasticall fol|lie of our nation, euen from the courtier to the car|ter is such, that no forme of apparell liketh vs longer than the first garment is in the wearing, if it conti|nue so long and be not laid aside, to receiue some o|ther trinket newlie deuised by the fickle he aded tai|lors, who couet to haue seurall trickes in cutting, thereby to draw fond customers to more expense of monie.Strange cu [...]s. For my part I can tell better how to in|ueigh against this enormitie, than describe anie cer|teintie of our attire: sithence such is our mutabilitie, that to daie there is none to the Spanish guise, to morrow the French toies are most fine and delecta|ble, yer long no such apparell as that which is after the high Alman fashion, by and by the Turkish ma|ner is generallie best liked of, otherwise the Morisco gowns, the Barbarian sléeues, the mandilion worne to Collie weston ward, and the short French breches make such a comelie vesture, that except it were a dog in a doublet, you shall not sée anie so disguised, as are my countrie men of England. And as these fashi|ons are diuerse, so likewise it is a world to see the costlinesse and the curiositie: the excesse and the vani|tie: the pompe and the brauerie: the change and the varietie: and finallie the ficklenesse and the follie that is in all degrees: in somuch that nothing is more constant in England than inconstancie of at|tire. Oh how much cost is bestowed now adaies vp|on our bodies and how little vpon our soules! howMuch cost vpon the bo|die, and little vpon the soule manie sutes of apparell hath the one and how little furniture hath the other? how long time is asked in decking vp of the first, and how little space left wher|in to féed the later? how curious, how nice also are a number of men and women, and how hardlie can the tailor please them in making it fit for their bo|dies? how manie times must it be sent backe againe to him that made it? what chafing, what fretting, what reprochful language doth the poore workeman beare awaie? and manie times when he dooth nothing to it at all, yet when it is brought home againe it is verie fit and handsome; then must we put it on, then must the long seames of our hose be set by a plumb-line, then we puffe, then we blow, and finallie sweat till we drop, that our clothes may stand well vpon vs. I will saie nothing of our heads, which sometimes are polled, sometimes curled, or suffered to grow at length like womans lockes, manie times cut off a|boue or vnder the eares round as by a woodden dish. Neither will I meddle with our varietie of beards,Beards. of which some are shauen from the chin like those of Turks, not a few cut short like to the beard of mar|ques Otto, some made round like a rubbing brush, other with a pique de vant (O fine fashion!) or now and then suffered to grow long, the barbers being growen to be so cunning in this behalfe as the tai|lors. And therefore if a man haue a leane and streight face, a marquesse Ottons cut will make it broad and large; if it be platter like, a long slender beard will make it séeme the narrower; if he be wesell bec|ked, then much heare left on the chéekes will make the owner looke big like a bowdled hen, and so grim as a goose, if Cornelis of Chelmeresford saie true: manie old men doo weare no beards at all. Some lustie courtiers also and gentlemen of courage, doo weare either rings of gold, stones, or pearle in their eares, whereby they imagine the workeman|ship of God not to be a little amended. But here|in they rather disgrace than adorne their persons, as by their nicenesse in apparell, for which I saie most nations doo not vniustlie deride vs, as also for that we doo séeme to imitate all nations round about, vs wherein we be like to the Polypus or Cha|meleon; and therevnto bestow most cost vpon our arses, & much more than vpon all the rest of our bo|dies, as women doo likewise vpon their heads and shoulders.Excesse in women. In women also it is most to be lamen|ted, that they doo now farre excéed the lightnesse of our men (who neuerthelesse are transformed from the cap euen to the verie shoo) and such staring attire as in time past was supposed méet for none but light housewiues onelie, is now become an habit for chast and sober matrones. What should I saie of their doublets with pendant codpéeses on the brest full of iags & cuts, and sléeues of sundrie colours? their gal|ligascons to beare out their bums & make their at|tire to sit plum round (as they terme it) about them? their fardingals, and diuerslie coloured nether stocks of silke, ierdseie, and such like, whereby their bodies are rather deformed than commended? I haue met with some of these trulles in London so disguised, that it hath passed my skill to discerne whether they were men or women.

Compare 1577 edition: 1 Thus it is now come to passe, that women are be|come men, and men transformed into monsters: and those good gifts which almightie God hath giuen vnto vs to reléeue our necessities withall (as a nati|on turning altogither the grace of God into wan|tonnesse, for

Luxuriant animi rebus plerunque secundis)

not otherwise bestowed than in all excesse, as if we wist not otherwise how to consume and wast them. I praie God that in this behalfe our sinne be not like vnto that of Sodoma and Gomorha,Eze [...]h. 16. whose errors were pride, excesse of diet, and abuse of Gods bene|fits aboundantlie bestowed vpon them, beside want of charitie toward the poore, and certeine other points which the prophet shutteth vp in silence. Certes the common-wealth cannot be said to florish where these abuses reigne, but is rather oppressed by vnteasona|ble exactions made vpon rich farmers, and of poore tenants, wherewith to mainteine the same. Neither was it euer merier with England, than when an Englishman was knowne abroad by his owne cloth, and contented himselfe at home with his fine carsie hosen, and a meane slop: his coat, gowne, and cloake of browne blue or puke, with some pretie fur|niture of veluet or furre, and a doublet of sad taw|nie, or blacke veluet, or other comelie silke, without such cuts and gawrish colours as are worne in these daies, and neuer brought in but by the consent of the French, who thinke themselues the gaiest men, when they haue most diuersities of iagges and change of colours about them.Attire of merchants. Certes of all estates our mer|chants doo least alter their attire, and therefore are most to be commended: for albeit that which they weare be verie fine and costlie, yet in forme and co|lour it representeth a great péece of the ancient gra|uitie apperteining to citizens and burgesses, albeit the yoonger sort of their wiues both in attire and cost|lie housekeeping can not tell when and how to make an end, as being women in déed in whome all kind of curiositie is to be found and seene, and in farre greater measure than in women of higher calling. I might here name a sort of hewes deuised for the nonce, wherewith to please phantasticall heads, as gooseturd gréene, pease porrige tawnie, popingaie blue, lustie gallant, the diuell in the head (I should saie the hedge) and such like: but I passe them ouer EEBO page image 173 thinking it sufficient to haue said thus much of ap|parell generallie, when nothing can particularlie be spoken of anie constancie thereof.

3.8. Of the high court of parlement, and authoritie of the same. Chap. 8.

Of the high court of parlement, and authoritie of the same. Chap. 8.

_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,The parle|ment house diuideth the estate of the realme into nobilitie and the commons. and corrupted religion either dissa|nulled or reformed, which commonlie is diuided into two houses or parts, the higher or vpper house consist|ing of the nobilitie, including all euen vnto the ba|ron 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 pla|ces, and these haue to deale onelie in matters of re|ligion, 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 thr [...]e 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 obeied of all men without contradiction or grudge. By the space of fortie dais, before this assemblie be begun,Time of summons. the prince sendeth his writs vnto all his nobilitie particularlie, summon|ing them to appeare at the said court. The like he doth to the shiriffe of euerie countie; with commande|ment to choose two knights within ech of their coun|ties, 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 tho|rough 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 daie of the parlement being come, the lords of the vpper house,Of the vpper house. as well ecclesiasticall as temporall, doo attend vpon the prince, who rideth thither in person, as it were to o|pen 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 tapiste|rie, and the king being set in his throne, the spirituall lords take vp the side of the house which is on the right hand of the prince,Places of the peeres. 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 secreta|ries are to answer such letters or things passed in the councell, whereof they haue the custodie & know|ledge. Finallie, the consent of this house is giuen by each man seuerallie, first for himselfe being pre|sent, then seuerallie for so manie as he hath letters & proxies directed vnto him, saieng onlie; Content or Not content, without any further debating. Of the number assembled in the lower house,Of the lower house. I haue alrea|die made a generall report in the chapter precedent, and their particulars shall follow here at hand. These therefore being called ouer by name do choose a spea|ker,Speaker. who is as it were their mouth, and him they pre|sent 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 con|ceiued of his choise vnto that office & function. Be|ing admitted, he maketh fiue requests vnto that ho|norable assemblie,Petitions of the speaker. first that the house may (as in times past) inioy hir former liberties and priuile|ges: 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 continu|ance 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 for|get or mistake anie thing, requiring that he may re|turne and be better informed in such things as be 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.

Beside the lord chancellor there is another in the vpper house called the clerke of the parlement,Clerke of the parlement. whose office is to read the billes. For euerie thing that com|meth in consultation in either house, is first put in writing in paper, which being read, he that listeth ri|seth 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 refor|med, 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 parch|ment, which doone, it is read the third time, & after de|bating of the matter to and fro if the more part doo conclude withall, vpon the vtterance of these words, Are ye contended that it be enacted or no? the clerke writeth vnderneath So it 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 EEBO page image 174 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 con|sultation vpon anie other bill, he presentlie deman|deth what their pleasures are, first of one, then of an|other, &c: which are solemnelie read, or their contents bréeflie shewed and then debated vpon among them.

The speaker sitteth in a chair erected somewhat higher than the rest,Of the ne|ther house. that he may see 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 pro|pound what they thinke méet, either for the abrogati|on 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 ora|tion & not with altercation these discourses are con|tinued. 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 accor|ding to the censure of the assemblie and custome in that behalfe. In the afternoone they sit not except vp|on some vrgent occasion, neither hath the speaker anie voice in that house, wherewith to moue or dis|suade the furtherance or staie of anie bill, but his of|fice 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, Le com|mons ont assentus: so if the lords agree vpon anie bill sent vnto them from the commons, it is subscri|bed after this maner, Les seigniours ont assentus. If it be not agreed on after thrise reading, there is con|ference required and had betwéene the vpper and ne|ther 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 he 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 af|firmatiue voices seeme to be equall, so manie as al|low of the bill go downe withall, the rest sit still, and being told by the poll the greater par doo carrie a|way the matter. If something be allowed and in some part reiected, the bill is put to certeine commit|tées 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 vn|to them, and yet not holden for law till the prince haue giuen his assent. Upon the last daie therfore of the parlement or session, the prince commeth in per|son 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 chan|cellor 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 writ|ten vpon them Le roy aduisera. And so those acts are dashed, as the other from thenceforoth are taken and holden for law, and all imprinted except such as con|cerne some priuat persons, which are onelie exem|plified vnder the seale of the parlement, as priui|leges 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.

3.9. Of the lawes of England since hir first inhabitation. Chap. 9.

Of the lawes of England since hir first inhabitation. Chap. 9.

Compare 1577 edition: 1 _THat Samothes Samothes. or Dis gaue the first lawes to the Celtes (whose kingdome he erected about the fiftéenth of Nim|brote) the testimonie of Bero|sus 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 po|litike inuention than he, whereof he was named Samothes, as some other do affirme. What his lawes were, it is now altogither vnknowne,Albion. as most things of this age; but that they were altered againe at the comming 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.

Compare 1577 edition: 1 The like also may be affirmed of our Brute,Brute. not|withstanding that the certeine knowledge so well of the one as of the other is perished, and nothing wor|thie memorie left of all their dooings. Somewhat yet we haue of Mulmutius, 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.

Compare 1577 edition: 1 EEBO page image 177 Certes, there was neuer prince in Britaine, of whome his subiects conceiued better hope in the be|ginning, 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 the first, than those of Dunwal|lonThe praise 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 fune|rals. And this onelie for his policie in gouernance, seuere administration of iustice, and prouident fra|ming of his lawes and constitutions, for the gouern|ment 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. After|ward 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 Le|land saith, and the decrêes themselues had vtterlie perished in déed at the verie first brunt, had they not beene preserued in Wales, where they remained a|mongst there likes of the Britons, & not onlie vntill the comming of the Normans, but euen vntill the time of Edward the first, who obteining the soue|reigntie of that portion, indeuoured verie earnestlie to extinguish those of Mulmutius, and to establish his owne.

Compare 1577 edition: 1 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 be|gan 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 an|other treatise I haue made mention at large. Héer|of also it came to passe in the end, that they were contented to make a choise, and insert no small num|bers 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 Mulmu|tius (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.

Compare 1577 edition: 1 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 cau|sed them to be turned into the Saxon toong, wherein they continued long after his decease.

Compare 1577 edition: 1 As for the Normans, who for a season neither re|garded 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 or|dinances, 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 commen|ded 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 in|tollerable burden of seruitude which they had latelie laid vpon the shoulders of the English, but also left vs a greeat 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 dis|tinguish them from others, that are in strength a|mongst vs.

Compare 1577 edition: 1 After Dunwallon, the next lawgiuer was Mar|tia, Martia. whome Leland surnameth Proba; and after him John Bale also, who in his Centuries dooth iustlie con|fesse himselfe to haue béene holpen by the said Le|land, as I my selfe doo likewise for manie things conteined in this treatise. Shée was wife vnto Gut|teline king of the Britons: and being made protec|trix 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 com|mend also for hir great knowledge in the Gréeke toong) to be turned into his owne language, where|vpon 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.

Compare 1577 edition: 1 The seuenth alteration of lawes was practised by the Saxons, for I ouerpasse the vse of the ciuill ordi|nances vsed in Rome, finallie brought hither by the Romans, & yet in perfect notice among the Ciuili|ans of our countrie, though neuer generallie nor ful|lie 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 the MartianMartian law. and the Saxon law.Saxon law. Beside these also I read of the Dane law,Dane law. so that the people of middle England were ruled by the first, the west Saxons by the second; as Essex, Norffolke, Suf|folke, 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 au|thoritie, 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 as|semble in for the making of their ordinances, as we haue now at Westminster. Wherefore Edmund gaue lawes at London & Lincolne, Ethelred at Ha|bam, Alfred at Woodstock and Wannetting, Athel|stane in Excester, Grecklade, Feuersham, & Thun|dersleie, Canutus at Winchester, &c: other in o|ther places, whereof this may suffice.

Compare 1577 edition: 1 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 EEBO page image 178 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 pub|lished 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?

Compare 1577 edition: 1 The Ordalian (saith the aforesaid author) was a certeine maner of purgation vsed two waies,Ordalian law. Fire. wher|of the one was by fire, the other by water. In the ex|ecution of that which was doone by fire, the partie ac|cused 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 giltlesse, 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.

Compare 1577 edition: 1 There were in like sort two kinds of triall by the water,Water. that is to say, either by hot or cold: and in this triall the partie thought culpable, was either tum|bled into some pond or huge vessell of cold water, wherein if he continued for a season, without wrest|ling 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 im|mediatlie 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 da|mage, he was discharged of further molestation: o|therwise he was taken for a trespasser, and punished accordinglie. The fierie maner of purgation belon|ged 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 re|streined) did extinguish it altogither as flat lewd|nesse and bouerie. The Rubrike of the treatise en|tereth 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 vesti|ment, 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 De|us locum istum, vt sit nobis in eo sanitas, sanctitas, castitas, virtus, & victoria, & sanctimonia, humilitas, bonitas, leni|tas, & plenitudo legis, & obedientia Deo patri, & filio, & spiritui sancto. Haec 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, cha|stitie, vertue, and victorie, purenesse, humilitie, good|nesse, gentlenesse, and fulnesse of the law, and obedi|ence 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 om|nem hominem venientem in hunc mundum (vel mundum) vt ab eo lumine accendamur igne claritatis tuae. Et sicut igne illuminasti Mosen, ita nunc illumina corda nostra, & sen|sus nostros, vt ad vitam aeternam mereamur peruenire, per Christum, &c. Lord God father almightie, light euer|lasting, 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 Pa|ter noster, &c: then these words: Saluum fac seruum, &c. Mitte ei auxilium Deus, &c. De Sion tuere eum, &c. Do|minus 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.

Compare 1577 edition: 1 The praier. Benedic Domine sancte pater, omnipotens Deus, per inuocationem sanctissimi nominis tui, & per aduen|tum filij tui, atque per donum spiritus paracleti, ad manifestan|dum verum iudicium tuum, hoc genus metalli, vt sit sanctifi|catum, & omni daemonum falsitate procul remota, veritas veri iudicij tui fidelibus tuis manifesta fiat, per eundem Do|minum, &c. In English: Blesse we beséech thee O Lord, holie father, euerlasting God, through the in|uocation of thy most holie name, by the comming of thy sonne, and gift of the holie ghost, and to the mani|festation of thy true iudgement, this kind of met|tall, that being hallowed, and all fradulent practi|ses of the diuels vtterlie remoued, the manifest truth of thy true iudgement may be reuealed, by the same Lord Iesus, &c.

Compare 1577 edition: 1 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 com|municate according to the maner.