DE 

                            REPVBLICA 

                            ANGLORVM



                 The maner of governement or 

                policie of the Realme of Englande, 

                   compiled by the honorable 

                man Thomas Smyth, Doctor of the 

                civil lawes, Knight, and Principall 

               Secretarie vnto the two most worthie 

                 Princes, King Edwarde the sixt, 

                     and Queene Elizabeth.



                      Seene and allowed.



                          AT LONDON, 

                   Printed by Henrie Midleton 

                      for Gregorie Seton.



                        Anno Domini 

                            1583.



                   [Image of 1583 title page]







             A NECESSARIE TABLE OF ALL THE 

             PRINCIPALL MATTERS CONTAINED 

                     IN THIS BOOKE.[1]



                                                      page



Of the diversities of common wealthes or governements. 

chap. 1 .................... 49



What is just or Lawe in everie common wealth or governement. 

chap. 2 .................... 49



An other division of common wealthes. 

chap. 3 .................... 50



Example of chaunges in the manner of governement. 

chap. 4 .................... 51



Of the question what is right and just in everie common wealth. 

chap. 5 .................... 51



That common wealths or governements are not (most commonly) simple but

mixt. 

chap. 6 .................... 52



The definition of a King and of a Tyrant. 

chap. 7 .................... 53



Of the absolute king. 

chap. 8 .................... 54



Of the name king and the administration of England. 

chap. 9 .................... 56



What is a common wealth, and the partes thereof. 

chap. 10 .................... 57



The first sort or beginning of an house or familie called oikonmia. 

chap. 11 .................... 58



The first & natural beginning of a kingdome, in Greeke basileia. 

chap. 12 .................... 59



The first & naturall beginning of the rule of a fewe of the best men called in

Greeke, Aristokratia. 

chap. 13 .................... 60



The first originall or beginning of the rule of the multitude called Politeia or

Ahmokratia. 

chap. 14 .................... 61



That the common wealth or policie must be according to the nature of the

people. 

chap. 15 .................... 62



The division of partes and persons of the common wealths. 

chap. 16 .................... 64



The first part of Gentlemen of England called Nobilitas major. 

chap. 17 .................... 65



Of the second sort of Gentlemen of England called Nobilitas minor, and

first of knights. 

chap. 18 .................... 66



Of Esquiers. 

chap. 19 .................... 70



Of Gentlemen. 

chap. 20 .................... 70



Whether the maner of Englande in making Gentlemen so easilie is to be

allowed. 

chap. 21 .................... 72



Of Citizens and Burgesses. 

chap. 22 .................... 73



Of Yeomen. 

chap. 23 .................... 74



Of the fourth sort of men which do not rule. 

chap. 24 .................... 76



                   THE SECOND BOOKE



Of the Parliament and authoritie thereof. 

chap. I .................... 78



The forme of holding the parliament. 

chap. 2 .................... 79



Of the Monarch, King or Queene of England. 

chap. 3 .................... 85



The chiefe points wherein one common wealth doeth differ from an other. 

chap. 4 .................... 88



Of the three maners and formes of trials or judgements in England. 

chap. 5 .................... 88



Triall or judgement by Parliament. 

chap. 6 .................... 89



Triall of judgement by battle. 

chap. 7 .................... 89



The triall by Assise or xij. men, & first of the three parts which be necessarie

in judgement. 

chap. 8 .................... 89



Of Pleas or Actions. 

chap. 9 .................... 90



Of the chiefe Tribunals, Benches or Courtes of England. 

chap. 10 .................... 91



Of the times of pleading called Termes, and of the Chauncellor and

Chauncerie. 

chap. 11 .................... 92



Of Judges in the common lawe of Englande, and the maner of triall and

pleading there. 

chap. 12 .................... 94



Of the two maner of issues. 

chap. 13 .................... 95



Of the Sheriffe of the shire and of the Court of the Escheker. 

chap. 14 .................... 96



Of the xij. men. 

chap. 15 .................... 99



Of parts of Shires called hundreds, lathes, rapes, wapentakes. 

chap. 16 .................... 100



Of the Court Baron. 

chap. 17 .................... 101



Of the Leete or Laweday. 

chap. 18 .................... 103



Of the proceedings in causes criminall, and first of the Justices of the peace. 

chap. 19 .................... 103



Of hue and crie and recognisaunce taking upon them that may give evidence.



chap. 20 .................... 107



Of the Coroner. 

chap. 21 .................... 108



Of the Constables. 

chap. 22 .................... 109



Of the sessions of gaole deliverie, & the definitive proceedings in causes

criminall. 

chap. 23 .................... 110



Certaine orders peculiar to England, touching punishment of malefactors. 

chap. 24 .................... 117



Of treason and the triall which is used for the higher Nobilitie and Barons. 

chap. 25 .................... 118



                    THE THIRD BOOKE



Of that which in other countries is called appellation or provocation, to

amend the judgement or sentence definitive, which is thought unjustly given

in causes criminall. 

chap. 1 .................... 120



What remedie is if the sentence be thought unjustly given. 

chap. 2 .................... 121



Of that which in Englande is called appeale, in other places accusation. 

chap. 3 .................... 123



Of the Court of Starre chamber. 

chap. 4 .................... 125



Of the Courts of Wards and Liveries. 

chap. 5 .................... 127



Of Wives and manages. 

chap. 6 .................... 130



Of Children. 

chap. 7 .................... 134



Of Bondage and bondmen. 

chap. 8 .................... 135



Of the court which is Spiritual or Ecclesiasticall, and (in the booke of Lawe)

Court Christian, or Curia Christianitatis. 

chap. 9 .................... 142



                          FINIS.







              [PREFACE TO THE 1583 EDITION]



TO THE READER



To conceale the graces inspired by God, or the giftes ingraffed by nature, 

or the vertues atchived unto ourselves by industrie, in all ages and of all 

wise men was accounted unduetifulnesse, unkindnesse and impietie unto that 

commonwealth, in the which, and unto the which we are both bred and borne: 

but to suppresse the worthie works of any author, may justly be judged not 

only injurie to the person, but even envie at the whole world. Wherefore 

chauncing upon this short discourse compiled by the honorable knight sir 

Thomas Smyth, and considering that the same could not but be a great light 

unto the ignorant, and no lesse delight unto the learned in the lawes and 

policie of sundrie regiments: I thought it part of my dutie, aswel for 

reviving of the fame of so notable a man, as for the publike imparting of so 

pythie a treatise, to present the same unto thy indifferent and discreete 

judgement. Wherein although the errors and rashnes of Scribes, appearing in 

the contrarietie and corruption of coppies, happening both by the length of 

time sithens the first making, as also by the often transcripting might 

justly have been mine excuse or rather discourage: yet weying the authoritie 

of the author togither with the gravitie of the matter, I made no doubt but 

that the reverence due unto the one, and the recompence deserved by the 

other would easily countervail all faults committed by a clarke & writer. 

And whereas some termes or other matters may seme to dissent from the usual 

phrase of the common lawes of this realme: notwithstanding to him that will 

consider that the profession of the maker was principally in the civil 

lawes, and therefore not to be expected as one excellent in both, and also 

that the finishing of this worke was in Fraunce farre from his librarie, and 

in an ambassad even in the midst of waightie affaires, it cannot nor ought 

not without great ingratitude be displesant or in any sort disliking. 

Wherefore (gentle Reader) accept in good part my zeale and this honorable 

mans travaile: assuring thy self that the same framed by an expert 

workemaister, and forged of pure and excellent mettall, will not faile in 

prooving to be a right commodious instrument. Vale.







          DE REPUBLICA ANGLORUM



            THE MANER OF GOVERNEMENT 

     OR POLICIE OF THE REALME OF ENGLANDE.



OF THE DIVERSITIES OF COMMON WEALTHES OR

GOVERNEMENT. 

Chap. 1.



They that have written heretofore of Common wealthes, have brought them into 

three most simple[1] kindes or fashions of governement. Where[2] one alone 

doth governe, called[3] of the Greekes Monarcia, where[4] the smaller 

number, commonly called of them Aristokratia, and the thirde where the 

multitude doth rule Demokratia. To rule, is understoode to have the supreme 

and highest[5] authoritie of commaundement. That part or member of the 

common wealth is saide to rule which doth controwle, correct,[6] all other 

members of the common wealth. That part which doth rule, define and commaund 

according to the forme of the governement, is taken in everie common wealth 

to be just and lawe: As a rule is alway to be understoode to be straight, 

and to which all workes be to be conformed, and by it to be judged: I doe 

not meane the Lesbians rule which is conformed to the stone: but the right 

rule whereby the Artificer and[7] Architect doe judge the straightnesse of 

everie worke[8] mans worke, he to be reckoned to make his worke 

straightest[9] who goeth neerest to the straightnesse of yt.[10]







WHAT IS JUST OR LAWE IN EVERIE COMMON WEALTH OR

GOVERNEMENT 

Chap. 2.



Nowe it doth appeare, that it is profitable to everie common wealth (as it 

is to every thing generally and particularly) to be kept in her most perfect 

estate. Then if that part which doth beare the rule, doe commaund that which 

is profitable to it, and the commaundement of that part which doeth rule on 

that sort, is to be accepted in every common wealth respectively to be just 

(as we have said before): it must needes follow, that the definition which 

Thrasimachus did make, that is[1] just which is the profite of the ruling 

and most strong part (if it be meant of the Citie or common wealth) is not 

so farre out of the way, (if it be civillie understanded)[2] as Plato would 

make it. But as there is profitable and appearaunce[3] of profite, so there 

is juste and right and appearaunce[4] of right. And as well may the ruling 

part[5] commaund that which is not his profite, as the just man may for his 

just and true meaninge who[6] would amend that which is amisse, and helpe 

the common wealth, and doe profit[7] unto it. For in asmuch as he attempteth 

to doe contrarie to the Lawe which is alreadie put, he be by the lawe justly 

condemned. If he be to be accompted justly condemned who is condemned for 

doing contrarie to the lawe and the ordinance of that part which doth 

commaunde.[8]



AN OTHER DIVISION OF COMMON WEALTHES.

Chap. 3.



But this matter yet taketh an other doubt: for of these maner of rulinges by 

one, by the fewer part, and by the multitude or great[1] number, they which 

have more methodically and more distinctly and perfectly written upon them, 

doe make another division[2] and dividing eche into two, make the one good 

and just, and the other evill and unjust: as, where one ruleth, the one they 

call a king or Basileus, the other tyrannos, a tyrant: where the fewer 

number, the one they name a governing of the best men aristokratian, or 

Remp. optimatum, the other of the usurping of a few Gentlemen, or a few of 

the richer and stronger sort oligarcian, or Paucorum potestatem; and where 

the multitude doth governe, the one they call a common wealth by the 

generall name politeian, or the rule of the people Demokratian, the other 

the rule or the usurping of the popular or rascall and viler sort, because 

they be moe in number Demokratian apanton.







EXAMPLE OF CHAUNGES IN THE MANER OF GOVERNEMENT. 

Chap. 4.



In common wealthes which have had long continuance, by diversities of times 

all these maners of rules or government hath been seene:[1] As in Rome: 

kinges, Romulus, Numa, Servius: tyrantes, as[2] Tarquinius, Sylla, Caesar: 

the rule of best men, as in time when the first Consuls were: and the 

usurping of a few, as of the Senators after the death of Tarquinius, and 

before the secession[3] of the Tribunate, and manifestly in the Decemvirate, 

but more perniciously in the Triumvirate of Caesar, Crassus, and Pompeius: 

and after[4] in the Triumvirate of Ottavius, Antonius, and Lepidus: The 

common wealth and rule of the people, as in the expulsing of the decemviri 

and long after, especially after the law was made, either by Horatius, or 

(as some will[5] have it) Hortentius, quod plebs sciverit, id populum 

teneat: And the rule[6] and usurping of the popular and rascall, as a little 

before Scylla his rule[7] and a litle before Caius Caesars rule.[8] For the 

usurping of the rascality can never long endure, but necessarily breedeth, 

and quickly bringeth forth a tyrant. Of this, hath Athens, Syracuse, of this 

hath[9] Lacedemon and other old auncient ruling Cities had experience, and a 

man neede not doubt but that other common wealthes have followed the same 

rate. For the nature of man is never to stand still in one maner of estate, 

but to grow from the lesse to the more, and so to[10] decay from the more 

againe to the lesse, till it come to the fatall end and destruction, with 

many turnes and turmoyles of sicknesse and recovering, seldome standing in a 

perfect health, neither of a mans bodie it selfe, nor of the politique bodie 

which is compact of the same.







OF THE QUESTION WHAT IS RIGHT AND JUST IN EVERIE

COMMON WEALTH. 

Chap. 5.



So when the common wealth is evill governed by an evill ruler and unjust (as 

in the three last named which be rather sickenesse of a[1] politique bodie 

than perfect and good estates) if the lawes be made, as most like they be 

alwayes to maintaine that estate: the question remaineth whether the 

obedience of them be just, and the disobedience wrong: the profit and 

conservation of that estate right and justice, or the dissolution: and 

whether a good and upright man, and lover of his countrie ought to maintaine 

and obey them, or to seeke by all meanes to dissolve and abolish them. 

Great[2] and hautie courages hathe taken one parte and this made Dion to 

rise[3] against Dionysius, and[4] Thrasibulus against the XXX. tyrantes, 

Brutus and Cassius against Caesar, and[5] hath bin cause of many commotions 

in common wealthes, whereof the judgement of the common people is according 

to the event and successe: of them which be learned, according to the 

purpose of the doers, and the estate of the time then present. Certaine it 

is that it is alwayes a doubtfull and hasardous matter to meddle with the 

chaunging of the lawes and governement, or to disobey the orders of the rule 

or government, which a man doth finde alreadie established.







THAT COMMON WEALTHES OR GOVERNEMENTS ARE NOT

MOST COMMONLY SIMPLE BUT MIXT. 

Chap. 6.



Now although the governements of common wealthes be thus divided into three, 

and cutting ech into two, so into sixe: yet you must not take that ye shall 

finde any common wealth or governement simple, pure and absolute in his sort 

and kinde, but as wise men have divided for understandinges sake and 

fantasied iiij. simple bodies which they call elementes, as fire, ayre, 

water, earth, and in a mans bodie foure complexions or temperatures, as 

cholericke, sanguine, phlegmatique, and melancolique: not that ye shall 

finde the one utterly perfect without mixtion of the other, for that nature 

almost will not suffer, but understanding doth discerne ech nature as in his 

sinceritie: so seldome or never shall you finde any common wealthe[1] or 

governement which is absolutely and sincerely made of the one[2] above 

named, but alwayes mixed with an other, and hath the name of that which is 

more and overruleth alwayes or for the most part the other.[3]







THE DEFINITION OF A KING AND OF A TYRANT 

Chap. 7.



Where one person beareth the rule they define a king,[1] who by succession 

or election commeth with the good will of the people to that governement, 

and doth administer the common wealth by the lawes of the same and 

equitie,[2] and doth seeke the profit of the people as much as his owne. A 

tyraunt they name him, who by force commeth to the Monarchy against the will 

of the people, breaketh lawes alreadie made at his pleasure, maketh other 

without the advise of the people,[3] and regardeth not the wealth of his 

people[4] but the advancement of him selfe, his faction, and kindred. These 

definitions do containe three differences: the obtaining of the authoritie, 

the maner of administration thereof, and the butte or marke whereunto it 

doth tend and shoote. So as one may be a tyrant by the entrie and getting of 

the rule[5] and a king in the administration thereof. As a man may thinke of 

Octavius and peradventure of Sylla. For they both comming by tyranny and 

violence to the rule[6] did seeme to travaile verie much for the better 

orderinge[7] of the common wealth, although each[8] after a diverse maner. 

An other may be a king by the entrie, and a tyrant by the[9] administration, 

as Nero, Domitian, and Commodus: for the empire came to them by succession, 

their administration[10] was utterly tyrannicall, of Nero after five yeares, 

of Domitian and Commodus very shortly upon their new honour. Some both in 

their[11] comming to their Empire, and in the butte which they shoote at, be 

kings, but the maner of their rule[12] is tyrannicall: as all the good 

Emperors of Rome after Caesar and Octavius and the better Popes of Rome.[13] 

The Empereurs claime this tyrannicall power by pretence of that Rogation or 

plebiscitum, which Caius Caesar or Octavius obtained, by which all the 

people of Rome did conferre their power and authority unto Caesar wholly.



The Pope groundeth his from Christ (cui omnis potestas data est in coelo et 

in terra) whose successor he pretendeth to be: yet the generall Councels 

make a strife with him, to make the Popes power either Aristocratian or at 

the least legitimum regnum, and would faine bridle that absolutam 

potestatem. Some men doe judge the same of the kinges of Fraunce, and 

certaine Princes of Italie and other places, because that[14] they make and 

abrogate lawes and edictes, lay on tributes and impositions of their own 

will, or by their[15] private Counsell and advise of their friends and 

favourers[16] onely, without the consent of the people. The people I do 

call[17] that which the word populus doth signifie, the whole body and the 

three estates of the common wealth: and they blame Lewes the xi. for 

bringing the administration royall of Fraunce, from the lawful and regulate 

raigne, to this[18] absolute and tyrannicall power and governement. He 

himself was wont to glory and say, he had brought the crowne of Fraunce hors 

de page, as one would say out of Wardship.







OF THE ABSOLUTE KING. 

Chap. 8.



Other do call that kinde of administration which the Greekes do call, 

pambasileian, not tyranny, but the absolute power of a King, which they 

would pretende that everie King hath, if he would use it.[1] The other they 

call basileian nomikhn or the Royall power regulate by lawes: of this I will 

not dispute at this time. But as such absolute administration in time of 

warre when all is in armes, and when lawes hold their peace because they 

cannot be heard, is most necessarie: so in time of peace, the same is verie 

daungerous, aswell to him that doth use it, and much more to the people upon 

whom it is used: whereof the cause is the frailtie of mans nature, which (as 

Plato saith) cannot abide or beare long that absolute and uncontrowled 

authoritie, without swelling into too much pride and insolencie. And 

therefore the Romanes did wisely, who woulde not suffer any man to keepe the 

Dictatorship above sixe monethes, because the Dictators (for that time) had 

this absolute power, which some Greekes named a lawfull tyrannie for a time. 

As I remember, Aristotle, (who of all writers hath most absolutely and 

methodically treated of the division and natures of common wealthes) maketh 

this espece of rulers[2] to be one kind of kings. But all commeth to one 

effect: for at the first, all kinges ruled absolutely, as such[3] who were 

either the heades and most ancient of their families, derived out of their 

bodies,[4] as Adam, Noa, Abraham, Jacob, Esau, who absolutely ruled[5] over 

their owne children and bondmen as reason is[6] or else in the rude world 

amongest rude[7] and ignorant people, one[8] whom God had endewed with 

singular wisedome both[9] to invent thinges necessary for the nourishing and 

defence of the multitude, and to administer justice did so farre excell 

other, that all the rest were but beastes in comparison of him, and for that 

excellencie willingly had this authoritie given him of the multitude, and of 

the Gentils when he was dead and almost when he was yet living, was taken 

for a God, of others for a Prophet. Such among the Jewes were Moses, Josua, 

and the other Judges as Samuel, &c. Romulus and Numa amongest the Romanes, 

Lycurgus and Solon and diverse other among the Greekes, Zamolchis among the 

Thracians, Mahomet among the Arabians: And this kinde of rule among the 

Greekes is called turanniV, which of it selfe at the first was not a name 

odious: But because they who had such rule,[10] did for the most part abuse 

the same, waxed insolent and proude, unjust and not regarding the common 

wealth, committed such actes as were horrible and odious, as killing men 

without cause, abusing their wives and daughters, taking and spoyling all 

mens goods at their pleasures, and were not shepheardes as they ought to be, 

but rather robbers and devourers of the people, whereof some were contemners 

of God, as Dionysius, other when[11] they lyved like divils, and would yet 

be adored and accompted for Gods, as Caius Caligula and Domitian: that kind 

of administration and the[12] maner also, at the first not evill, hath taken 

the signification and definition of the vice of the abusers, so that now 

both in Greeke, Latine, and English a tyrant is counted he, who is an evill 

king, and who hath no regard to the wealth of his people, but seeketh onely 

to magnifie himselfe and his, and to satisfie his vicious and cruell 

appetite, without respect of God, of right or of the law: because that for 

the most part they who have had that absolute power have beene such.







OF THE NAME KING AND THADMINISTRATION OF

ENGLANDE. 

Chap. 9.



That which we call in one syllable king in english, the olde english men and 

the Saxons from whom our tongue is derived to this day calleth in two 

syllabes cyning, which whether it cometh of cen or ken which betokeneth to 

know and understand, or kan or kon[1] which betokeneth to be able or to have 

power, I can not tell. The participle absolute of thone we use yet, as when 

we say a cunning man, Vir prudens aut sciens: the verbe of thother as I 

[kan, and in some places and in the older language,] I kon[2] do this, 

possum hoc facere. By olde and auncient histories that I have red, I 

cannot[3] understand that our nation hath used any other and[4 ]generall 

authoritie in this realme neither Aristocraticall, nor Democraticall, but 

onely the royall and kingly majestic which at the first was divided into 

many and sundrie kinges, each absolutely reigning in his countrie, not under 

the subjection of other, till by fighting thone with thother, the overcommed 

alwayes falling to the augmentation of the vanquisher and overcommer, at the 

last the realme of England grew into one Monarchie. Neither any one of those 

kinges, neither he who first had all, tooke any investiture of the empire[5] 

of Rome or of any other superiour prince,[6] but helde of God and hymself, 

his people and sword, the crowne,[7] acknowledging no prince in earth his 

superiour, and so it is kept and helde[8] at this day. Although king John 

(by the rebellion of the nobilitie ayded with the daulphin of Fraunce his 

power) to appease the Pope who at that time possessing the consciences of 

his subjectes was then also his enemy and his most greevous torment (as

some histories do write) did resigne the crowne to his legate Pandulphus,

and tooke it againe from him as from the Pope by faith and homage, and a

certain tribute yearly. But that act neither approoved of his people, nor

accorded[9 ]by act of parliament, was forthwith and ever sithens taken for

nothing, neither[10] to binde the king, then, nor his successours, people, or

Realme.[11]







WHAT IS A COMMON WEALTH, AND THE PARTES THEREOF. 

Chap. 10.



To be better understood hereafter, it is necessarie yet to make another[1] 

division of the common wealth by the partes thereof. A common wealth is 

called a society or common doing of a multitude of free men collected 

together and united by common accord and covenauntes among themselves, for 

the conservation of themselves aswell in peace as in warre. For properly an 

host of men is not called a common wealth but abusive, because that[2] they 

are collected but for a time and for a fact: which done, ech divideth 

himselfe from others as they were before. And if one man had as some of the 

old Romanes had (if it be true that is written) v. thousande or x. thousande 

bondmen whom he ruled well, though they dwelled all in one citie, or were 

distributed into diverse villages, yet that were no common wealth: for the 

bondman hath no communion with his master, the wealth of the Lord is onely 

sought for, not[3] the profit of the slave or bondman. For as they who write 

of these thinges have defined, a bondman or a slave is as it were (saving 

life and som[4] reason) but the instrument of his Lord, as the axe, the 

sawe, the chessyll and gowge is of the charpenter. Truth it is the 

charpenter looketh diligently to save, correct and amend all these: but it 

is for his own profit, and in consideration of him selfe, not for the 

instrumentes sake. And as these be instruments of the charpenter, so the 

plow, the cart, the horse, oxe or asse, be instrumentes of the husbandman: 

and though one husbandman had a great number of all those and looked well to 

them, yet that[5] made no common wealth nor could not so be called. For the 

private wealth of the husbandman is onely looked for[6] and there is no 

mutuall societie or parte[7] no law or pleading betwixt[8] thone and 

thother. And (as he sayth) what reason hath the pot to say to the potter, 

why madest thou me thus? or why dost thou break me after thou hast made me? 

now[9] the bondman or slave which is bought for monie is so:[10] for he is 

but a reasonable and lyving instrument the possession of his Lorde and 

master, and received[11] among his goods, not otherwise admitted to the 

societie civill or common wealth, but as[12] part of the possession and 

goods of his Lorde. Wherefore except there be other orders and 

administrations amonst the Turks, if the prince of the Turkes (as it is 

written of him) doe repute all other his bondmen and slaves (him selfe and 

his sonnes onely freemen) a man may doubt whether his administration be to 

be accompted a common wealth or a kingdome, or rather to be reputed onely as 

one that hath under him an infinite number of slaves or bondmen among whom 

there is no right, law nor common[13] compact, but onely the will of the 

Lorde and segnior. Surely none of the olde Greekes would call this fashion 

of government Remp. or politeian for the reasons which I have declared 

before.







THE FIRST SORT OR BEGINNING OF AN HOUSE OR FAMILIE

CALLED OIKONOMIA. 

Chap. 11.



Then if this be a societie, and consisteth onely of freemen, the least part 

thereof must be of two. The naturalest and first conjunction of two toward 

the making of a further societie of continuance is of the husband and the[1] 

wife after a diverse sorte ech having care of the familie: the man to get, 

to travaile abroad, to defende: the wife, to save that which is gotten, to 

tarrie at home to distribute that which commeth of the husbandes labor for 

nurtriture[2] of the children and family of them both, and to keepe all at 

home neat and cleane. So nature hath forged ech part to his office, the man 

sterne, strong, bould, adventerous, negligent of his beautie, and spending. 

The woman[3] weake, fearefull, faire, curious of her bewtie and saving. 

Eche[4] of them excelling other in wit and wisedome to conduct those thinges 

which appertaine to their office, and therefore where their wisedome doth 

excell, therein it is reason that ech dothe[5]governe. And without this 

societie of man, and woman, the kinde of man coulde not long endure. And to 

this societie we be[6] so naturally borne that the prince of all 

Philosophers in consideration of natures was not afraide to say that A 

man[7] by nature is rather desirous to fellow himeselfe to another and so to 

live in couple, than to hearde[8]himselfe with many. Although of all 

beastes[9] or lyuing creatures a man doth shew him selfe most politique, yet 

can he not well live without the societie and fellowship civill. He that can 

live alone saith Aristotle is either a wild beast in mans[10] likenes, or 

else a god rather than a man. So in the house and familie is the first and 

most naturall (but a[11] private) apparance of one of the best kindes of a 

common wealth, that is called Aristocratia where a few and the best 

dothe[12] governe, and where not one alwaies: but sometime and in some thing 

one, and sometime and in some thing another doth beare the rule. Which to 

maintaine for his part God hath given to the man greater[13] wit, bigger 

strength, and more courage to compell the woman to obey by reason or force, 

and to the woman bewtie, faire countenaunce, and sweete wordes to make the 

man to obey her againe for love. Thus ech obeyeth and commaundeth other, and 

they two togeather rule the house. The house I call here the man, the woman, 

their children, their servauntes bonde and free, their cattell, their 

housholde stuffe, and all other things, which are reckoned in their 

possession, so long as all these remaine togeather in one. Marye they[14] 

cannot be called Aristocratia, but Metaphorice, for it is but an house, and 

a litle sparke as it were like to[15] that governement.







THE FIRST AND NATURALL BEGINNING OF A KINGDOME IN

GREEKE BASILEIA.

Chap. 12.



But for so much as it is the nature of all thinges to encrease or decrease, this

house thus encreasing and multiplying by generation, so that it cannot wel be

comprehended in one house[1] and the children waxing bigger, stronger,

wiser, and thereupon naturally desirous to rule, the father and mother

sendeth them out in couples as it were by provining or propagation. And the

childe by mariage beginneth as it were to roote towards the making of a new

stocke, and thereupon an other house and[2] familie. So by this propagation

or provining first of one, and then another, and so from one to another in

space of time, of many howses was made a streete or village, of many

streetes and villages joyned together a citie or borough. And when many

cities, boroughes and villages were by their[3] common and mutuall consent

for their conservation ruled by that one and first father of them all, it was

called a nation or kingdome. And this seemeth the first and most natural

beginning and source of cities, townes, nations, and[4] kingdomes, and of all

civill societies. For so long as the great grandfather was alive and able to

rule, it was unnaturall for any of his sonnes or ofspring to strive with him for

the superioritie, or to go about to governe or any wise to dishonour him of

whom he had all.[5] And therefore he[6] doth beare the first and natural

example of an absolute and perfect king. For he loved them as his owne

children and nephewes, cared for them as members of his owne body,

provided for them as one having by long time more experience than they all

or any one of them.[7] They againe honoured him as their father of whose

bodie they came, obeyed him for his great wisedome and forecast, went to

him in doubtfull cases as to an oracle of God, feared his curse and

malediction as cominge of[8] Gods owne mouth. He againe used no

rigoure[9] for ech paine put upon them, he tooke as put[10] upon himselfe.







THE FIRST AND NATURALL BEGINNING OF THE RULE OF A

FEW OF THE BEST MEN CALLED IN GREECE ARISTOKRATEIA. 

Chap. 13.



But when that great grandfather was dead, the sonnes of him and brethren 

among themselves not having that reverence to any, nor confidence of 

wisedome in any one of them, nor that trust thone to thother, amonge[1] 

whome (as many times it doth amonge[2] brethren) some strifes and brawlinges 

had before arisen: To defende themselves yet from them which were walsh and 

strangers to them,[3] necessarily agreed among themselves to consult in 

common, and to beare rule for a time in order, now one, now another: so that 

neither[4] one might beare alwaies the rule, nor any one be neglected. And 

by this meanes if anie one fayled during his yere or time for[5] ignoraunce, 

the next (being wiser[6] of himselfe, or by[7] his brothers error and fault) 

amended it. And in the meane while, at diverse and most times when urgent 

necessitie did occurre, they consulted all those heads of families together 

within themselves, howe to demeane and order their matters, best for the 

conservation of themselves, and ech of their families, generally and 

particularly. Thus a few being heades and the chiefe of their families, 

equall in birth and nobilitie, and not much different in riches, governed 

their owne houses and the descendentes of them particularly, and consulted 

in common upon urgent[8] causes, and agreed upon some lawes[9] and orders to 

be kept amongst them. So the best, chiefest and sagest did rule, and thother 

part had no cause to strive with them, nor had no cause nor apparance to 

compare with anie of them, neither for age nor discretion, nor for riches or 

nobilitie. The rulers sought ech to keepe and maintaine their posteritie, as 

their sonnes and nephewes, and who[10] shoulde succeede them and carie their 

names when they were deade, and so render them, being mortall by nature, 

immortall by their fame and succession of posteritie: having most earnest 

care to maintaine still this their cousinage and common familie aswell 

against forraigne[11] and barbarous nations, which were not of their 

progenie, tongue, or religion, as against wilde and savage beasts. This 

seemeth the naturall source and beginning or image of that rule of the 

fewer[12] which is called of the Greekes Aristokrateia and of the Latines 

optimatum reipublica.







THE FIRST SOURCE[1] OR BEGINNING OF THE RULE OF THE

MULTITUDE CALLED POLITEIA OR DHMOKRATIA. 

Chap. 14.



Now as time bringeth an ende of all thinges, these brethren being all dead, 

and their ofspring encreasing daily to a great multitude, and the reverence 

due[2] the old fathers in such and so great a[3] number of equals fayling by 

reason[4] of the death or doting of the Elders: eche having[5] their merites 

of education apart to their fathers and grandfathers, and so many arising 

and such equalitie among them, it was not possible that they should be 

content to be governed by a fewe. For two things being for[6] the which men 

who be[7] in society and league doe most strive for,[8] that is honour and 

profitte. No[9] man of free courage can be contented to be neglected 

herein,[10] so that they were faine of necessitie to come to that, that the 

more part should beare the price away to make more magistrates[11] and 

rulers. So that either by course or by lot ech man in turne might be 

receaved to beare rule and have his part of the honour, and (if any were) of 

the profit, which came by administration of the common wealth. For whosoever 

came of that old great grandfathers race, he accompted him selfe as good of 

birth as any other. For service to the common wealth all or such a number 

had done it, as they coulde not be accompted few. And if a few would take 

upon them to usurpe over the rest, the rest conspiring together would soone 

be master over them, and ruinate them wholly. Whereupon necessarily it came 

to passe that the common wealth must turne and alter as before from one to a 

few, so now from a few to many and the most part, ech of these yet willing 

to save the politicke bodie, to conserve the authoritie of their nation, to 

defende themselves against all other, their strife being onely for empire 

and rule, and who should doe best for the common wealth, wherof they would 

have experience made by bearing office and being magistrates. This I take 

for the source[12] and naturall beginning of the rule of the multitude which 

the Greekes called Dhmokratia: the Latines some Respublica by the generall 

name, some populi potestas, some census potestas, I cannot tell howe 

latinely.







THAT THE COMMON WEALTH OR POLICIE MUST BE

ACCORDING TO THE NATURE OF THE PEOPLE. 

Chap. 15.



By this processe and discourse it doth appeare that the mutations and 

changes of fashions of governement of[1] common wealthes be naturall, and do 

not alwayes come of ambition or malice: And that according to the nature of 

the people, so the commonwealth is to it fit and proper.



And as all these iii. kindes of common wealthes are naturall, so when to ech 

partie or espece and kinde of the people that is geaven[2] which agreeth[3] 

as ye would putt a garment fyt to a man's bodie or a shoe fyt to a man's 

foot, so[4] the bodie politique is in quiet, and findeth ease, pleasure and 

profit thereby.[5] But if a contrary forme be given to a contrary maner of 

people, as when the shoe is too litle or too great for the foote, it doth 

hurt and encomber and letteth[6] the convenient use thereof, so that[7] free 

people of nature tyrannized or ruled by one against their willes, were he 

never so good, either faile of corage and wexe servile, or never rest 

while[8] they either destroie their king or[9] them that would subdue them, 

or be destroyed themselves: And againe another sort there is which without 

being ruled of[10] one prince and ruler being set at their[11] libertie 

cannot tell what they shoulde doe, but either with[12] insolencie, pride, 

and idlenes will fall to robbery and all mischiefe, and to scatter and 

dissolve themselves, or with foolish amibition and private strife consume 

one another and bring themselves to nothing. Of both these two we have 

histories enough to beare witnesse, as the Greekes, Romanes, Samnites, 

Danes, Vandals, and others.[13] Yet must you not thinke, that al common 

wealthes, administrations and rulinges began on this sort, by provining or 

propagation, as is before written, but many times after a great battle and 

long war the captaine who led a multitude of people, gathered peradventure 

of diverse nations and languages, liking the place which he hath by force 

conquered, tarieth there, and beginneth a common wealth after his[14] maner, 

and for the most part a kingdome. As the Gothes and Lumbardes in Italie, the 

Frenchmen in Gaule, the Sarasins in Spaine and Fraunce,[15] the Saxons in 

great Brittaine, which is nowe called Englande: which[16] when that one and 

chiefe prince is dead, the chiefs[17] consult among themselves, and either 

choose an other head and king, or divide it into more heads and rulers, as 

the Lumbards did in Italie,[18] and the Saxons in England, or take at the 

first a common rule and popular estate, as the Zwisers[19] did in their 

cantons and do at[20] this day, or taketh[21] the rule of a certaine fewe, 

excluding the multitude and the populace[22] as the Paduans, Veronenses, and 

Vicentians at the erection of the citie of Venice.[23]







THE DIVISION OF THE PARTS AND PERSONS OF THE

COMMON WEALTH 

Chap. 16.



To make all thinges yet cleare before, as we shal go, there ariseth another 

division of the partes of the common wealth. For it is not enough to say 

that it standeth by[1] a multitude of houses and families which make stretes 

and villages, and the multitude of the stretes and villages, townes,[2] and 

the multitude of townes the realme, and that freemen be considered only in 

this behalf, as subjects and citizens of the commonwealth, not[3] bondmen 

who can beare no rule nor jurisdiction over freemen, as they who be taken 

but as instruments and of[4] the goods and possessions of others. And in 

this[5] consideration also we do reject women, as those whom nature hath 

made to keepe home and to nourish their familie and children, and not to 

medle with matters abroade, nor to beare office in a citie or common wealth 

no more than children and infantes: except it be in such cases as the 

authoritie is annexed to the bloud and progenie, as the crowne, a dutchie, 

or an erledome for there the blood is respected, not the age nor the sexe. 

Whereby an absolute Queene, an absolute Dutches or Countesse, those I call 

absolute, which have that[6] name, not by being maried to a king, duke, or 

erle, but by being the true, right and next successors in that[7] dignitie, 

and upon whom by right of the blood that title is descended: These I say 

have the same authoritie although they be women or children in that 

kingdome, dutchie or earledome, as they should have had if they had bin men 

of full age. For the right and honour of the blood, and the quietnes and 

suertie of the realme, is more to be considered, than either the base[8] age 

as yet impotent to rule, or the sexe not accustomed (otherwise) to 

intermeddle with publicke affaires, being by common intendment understood, 

that such personages never do lacke the counsell of such grave and discreete 

men as be able to supplie all other defaultes.[9] This (as I sayde) is not 

enough: But the division of these which be participant of the common wealth 

is one way of them that beare office, and which beareth none,[10] the one 

be[11] called magistrates, the other[12] private men. Another was[13] among 

the Romanes of Patritij and plebei, thone striving with thother a long time, 

those that were[14] patricij many yeares excluding those that were[15] 

plebei from bearing rule, till[16] at last all magistrates were made common 

unto[17] them: as well as to the other yet had they[18] another division 

among[19] the Romanes senatores,[20] equites, plebs:[21] the Greekes had 

also eugeneiV kai DhmauticouV. The French have at[22] this day, les nobles 

and la populare, or gentils homes and villaines: we in England divide our 

men commonly into foure sortes, gentlemen, citizens or burgesses,[23] yeomen 

artificers, and laborers. Of gentlemen the first and chiefe be[24] the king, 

the prince, dukes, marquises, earles, vicountes, and[25] barrons, and this 

is[26] called kat exochn the nobility, and all these are called Lords and 

noblemen: next to these be knights, esquiers and simple gentlemen.







OF THE PARTIES OF THE COMMONWEALTH[1] OF ENGLANDE. 

Chap. 17.



Dukes, marquises, erles, vicountes, and barrons, either be created of[2] the 

prince or come to that honor by being the eldest sonnes, or[3] highest in 

succession[4] to their parentes. For the eldest of dukes sonnes during his 

fathers lyfe is an earle,[5] an earles sonne,[6] or baron, or else according 

as the creation is. The creation I cal the first donation and condition of 

the honour (given by the prince, for the good service and advauncement[7] 

that the prince will bestowe uppon him) which with the title of that honour 

is commonly (but not alwayes) given to him and to his heires, males onely: 

the rest of the sonnes of the nobilitie by the rigor of the lawe be but 

esquiers, yet in common speeche, all dukes and marquises and earles sonnes, 

be called Lordes.[8] The which name commonly doth agree to none of lower 

degree than barrons, yet by law and use thei be not esteemed barons.[9] The 

barrony or degree of Lordes doeth answere to the degree[10] of Senators[11] 

of Rome, and the title of nobilitie as we use to call in England 

patricii:[12] when patricij did betoken Senatores aut senatorum filios. 

Afterwards they were called clarissimi.[13] Census Senatorius was in Rome, 

at diverse times diverse, and in Englande no man is created barron, excepte 

he may dispend of yearly revenue, one thousand poundes or one thousand 

markes at the least. Vicountes, earles, marquises and dukes more according 

to the proportion of the degree and honour, but though by chaunce he or his 

sonne have lesse, he keepeth his degree: but if the decaye be excessive and 

not[14] able to maintaine the honour (as senatores Romani were amoti senatu) 

so sometimes they are not admitted to the upper house in the parliament, 

although they keepe the name of Lorde still.







OF THE SECOND SORT OF GENTLEMEN WHICH MAY BE

CALLED 'NOBILITAS MINOR', AND FIRST OF KNIGHTES. 

Chap. 18.



No man is a Knight by succession, not the king or prince, which name[1] in 

england kat exochn betokeneth the kinges eldest sonne or prince of wales: 

although the king himselfe, his eldest sonne, and all dukes be called by 

generall name princes. But as in Fraunce the kinges eldest sonne hath the 

title of the daulphine, and he or the next heire apparant to the crowne is 

monsire, so in Englande the kinges eldest sonne is called kat exochn the 

prince. Knightes therefore be not borne but made, either before the battle 

to encourage them the more to adventure their lives, or after as an 

advauncement[2] for their hardinesse and manhood alreadie shewed: or out of 

the warre for some great service done, or some good hope for[3] the verrues 

which do appeare in them. And they are made either of[4] the king himselfe, 

or by his commission and royall authoritie, given for the same purpose, or 

by his liuetenaunt in the warres, who hath his royall and absolute power 

committed to him for that time. That[5] order seemeth to aunswere in part to 

that which the Romanes called Equites Romanos, differing in some pointes, 

and agreeing in other, as their common wealth and ours do differ and agree: 

for never in all pointes one common wealth doth agree with an other, no nor 

long time any one common wealth with it selfe. For al chaungeth continually 

to more or lesse, and still to diverse and diverse orders, as the diversity 

of times do present occasion, and the mutabilitie of mens wittes doth invent 

and assay newe wayes, to reforme and amende that werein they do finde fault. 

Equites Romani were chosen ex censu, that is according to their substance 

and riches. So be knightes in England most commonly, according to the 

yearely revenew of their landes being able to maintaine that estate: yet all 

that[6] had Equestrem censum, non legebantur equites. No more be not[7] all 

made knightes in Englande that may spende[8] a knightes landes[9] but they 

onely whom the prince[10] wil honour.[11] The number of Equites was 

uncertaine, and so is[12] of knightes, at the pleasure of the prince. 

Equites Romani had equum publicum. The knightes of England have not so, but 

finde their owne horse themselves in peace time.[13]



Census equester was among the Romanes at diverse times at[14] diverse valew: 

whosoever[15] may dispende of his free landes 40. 1. sterling of yearely 

revenew by an olde law of Englande either at the coronation of the 

prince[16] or at the[17] manage of his daughter, or at the making[18] of the 

prince, knight, or some such great occasion, may be by the king compelled to 

take that order and honour, or to pay a fine, which many not so desirous of 

honour as of riches, had rather do.[19] Some who for causes be[20] not 

thought worthy of that honor and yet have that[21] abilitie, neither be made 

knightes though they would, and yet pay the fine. XI. 1. sterling, at that 

time when this order began, maketh now an[22] Cxx. 1. of currant mony of 

Englande: as I have more at large declared in my booke of the diversitie of 

standardes or the valor of monies.



When the Romanes did write senatus populusque Romanus, they seemed to make 

but two orders, that is of the Senate and of the people of Rome, and so in 

the name of people they contained equites and plebem: so when we in England 

do say the Lordes and the commons, the knights, esquires, and other 

gentlemen, with citizens, burgeses and yeomen be accompted to make the 

commons. In making[23] of lawes the senate of Lordes of England is one 

house, where the Archbishoppes and Bishops also be, and the king or Queene 

for the time being as chiefe: the Knights and all the rest of the gentlemen, 

and[24] citizens and burgeses which be admitted to consult upon the greatest 

affaires of the Realme be in an other house by themselves, and that is 

called the house of the commons, as we shal more clearely describe when we 

shall[25] speake of the parliament. Whereupon this worde knight is derived, 

and whether it do betoken no more but that which miles doth in latine, which 

is a souldier.[26] The word souldier now seemeth rather to come of sould and 

payment, and more to betoken a waged or hyred man to fight than otherwise, 

yet Caesar in his Commentaries call soldures in the tongue gallois, men who 

devoted and swore themselves in a certaine band or othe one to another and 

the[27] captaine, which order if the Almains did follow, it may be that they 

who were not hyred but being of the nation, uppon their owne charges and for 

their advauncement, and by such common oth, execration[28] or band did[29] 

follow the warres, were (possibly) kat exochn called knightes or milites. 

Nowe[30] among the Almaines some are called lanceknights as souldiers of 

their band not hyred, although now[31] they be for the most part hirelings. 

Or peradventure it may be that they which were next about the prince as his 

garde or servauntes picked and[32] chosen men out of the rest being called 

in the Almaine language, knighten, which is asmuch to say as servantes: 

these men being found of good service, the word afterward was taken for an 

honor, and for him who maketh profession of armes. Our language is so 

chaunged that I dare make no judgement thereof. Now we call him knight in 

english that the french calleth chevalier, and the latine equitem or 

equestris ordinis.



And when any man is made a knight, he kneeling downe is stroken of the 

prince, with his sworde naked uppon the backe or shoulder, the prince 

saying: sus or sois chivalier au nom de Dieu and (the tyme[33] past) they 

added S. George, and then when he riseth[34] the prince saith, avances.[35] 

This is the manner of dubbing of knights at this present: and that terme 

dubbing was the olde terme in this point, not[36] creation. At the 

coronation of a king or queene, there be knightes of the bath made with 

longer[37] and more curious ceremonies: But howsoever one be dubbed or made 

a knight, his wife is by and by called a Ladie as well as a barons wife: he 

himselfe is not called Lorde, but hath to his name in common appellation 

added this syllable, Sir, and if he were named before[38] Thomas, William, 

John, or Richard, afterward he is alwayes called Sir Thomas, Sir William, 

Sir John, Sir Richard, and that is the title that[39] men give to knightes 

in England. This may suffice at this time, to declare the order of 

knighthood, yet there is an other order of knightes in England which be 

called the knightes of the garter. King Edward the third, after he had 

had[40] many noble[41] victories, King John of Fraunce, and[42] King James 

of Scotland, being both prisoners in the tower of London at one time, and 

king Henrie of Castell the bastard expulsed out of his realme, and Don Petro 

restored unto it by the prince of Wales and Duke of Aquitaine called the 

blacke prince, his eldest sonne,[43] invented a societie of honour, and made 

a choise out of his owne realme and dominions, and all Christendom: and the 

best and most excellent and[44] renouned persons in all[45] vertues and 

honour, he did adorne with that title to be knightes of his order, gave them 

a garter enorned[46] with golde, pearle and precious stones, with the buckle 

of gold, to weare daily on the left legge onely, a kirtle, gowne, cloke, 

chaperon, collar, and other august and magnificall appareil both of stuffe 

and fashion exquisite and heroicall, to weare at high feastes, as to so high 

and princely an order was meete: of which order he and his successors Kinges 

and Queenes of England be the head,[47] and the rest by certaine statutes 

and lawes among themselves, be taken as brethren and fellowes in that order, 

to the number of xxvi. But because this is rather an ornament of the realme 

than any policie or government thereof, I leave to speake any further of it.







OF ESQUIERS. 

Chap. 19.



Escuier or esquier (which we call commonly squire) is a French worde, and 

betokeneth Scutigerum or Armigerum, and be all those which beare armes (as 

we call them) or armories (as they terme them in French) which to beare is a 

testimonie of the nobilitie or race from whence they do come. These be taken 

for no distinct order of the common wealth, but do goe with the residue of 

the gentlemen: save that (as I take it) they be those who beare armes, 

testimonies (as I have saide) of their race, and therefore have neither 

creation nor dubbing: or else they were at the first costerels or the 

bearers of the armes of Lordes or knightes, and by that being taught in 

armes[1] had that[2] name for a dignitie and honour given to distincte[3] 

them from a common souldier called in latine Gregarius miles.







OF GENTLEMEN. 

Chap. 20.



Gentlemen be those whom their blood and race doth make noble and knowne, 

as[1] EugeneiV in Greeke, the Latines call them all Nobiles, as the French 

Nobles, Eugeneia or Nobilitas in Latine is defined, honour or title given, 

for that the auncestor hath bin notable in riches or for his[2] vertues, or 

(in fewer wordes) old riches or prowes remaining in one stock. Which if the 

successors do keepe and followe, they be vere nobiles and EugeneiV: if they 

doe not, the[3] fame and riches[4] of their auncestors serve to cover them 

so long as it can, as a thing once gilted though it be copper within, till 

the gilt be worne away. This hath his reason, for the Ethnologie of the name 

serveth thefficacie of the worde. Gens in Latine betokeneth the race and 

sirname, so the Romaines had Cornelios, Sergios, Appios, Fabios, Aemilios, 

Pisones, Julios, Brutos, Valerios, of which who were Agnati, and therefore 

kept the name, were also Gentiles: and being yet[5] remaining the memorie of 

the glorie of their progenitors fame, were gentlemen of that or that race. 

This matter made a great strife among the Romanes, when those which were 

Novi homines were more allowed, for their verrues new and newly showen, then 

the olde smoke[6] of auntient race newly defaced by the cowardise and evill 

life of their nephewes and discendauntes could make the other to be. 

Cicerones,[7] Catones, and Marii had much adoe with those men[8] and 

therefore said Juvenalis:



          Malo pater tibi sit Tersites, dummodo tu sis 

          Æacidi similis vulcaniaque arma capessas, 

          Quam te Thersiti similem producat Achilles.



But as other common wealthes were faine to doe, so must all princes 

necessarilie followe, where[9] vertue is to honour it: and as[10] vertue of 

auncient race is[11] easier to be obtained, for[12] the example of the 

progenitors, for the abilitie to give to their race better education and 

bringing up for the enraced[13] love of tenants and neybors to such noblemen 

and gentlemen, of whom they holde and by whom they doe dwell. So[14] if all 

this doe faile (which it is[15] great pitie it should) yet such is the 

nature of all humaine thinges, and so the world is subject to mutability, 

that it doth many times faile: but when it doth, the prince and common 

wealth have the same power that their predecessors had, and as the 

husbandman hath to plant a new tree where the olde fayleth, to[16] honour 

vertue where he doth find it, to make gentlemen, esquiers, knights, barons, 

earles, marquises, and dukes, where he seeth vertue able to beare that 

honour or merits, to deserve[17] it, and so it hath alwayes bin used among 

us. But ordinarily the king doth but[18] make knights and create the barons 

and[19] higher degrees: for as for gentlemen, they be made good cheape in 

England. For whosoever studieth the lawes of the realme, who studieth in the 

universities, who professeth liberall sciences, and to be shorte, who can 

live idly and without manuall labour, and will beare the port, charge and 

countenaunce of a gentleman, he shall be called master, for that is the 

title which men give to esquires and other gentlemen, and shall be taken for 

a gentleman: for true it is with us that[20] is saide, Tanti eris alijs 

quanti tibi fueris:[21] (and if neede be) a king of Heraulds shal also give 

him for mony, armes newly made and invented, which the title shall beare 

that the said Herauld hath perused and seen olde Registers[22] where his 

auncestors in times past had borne[23] the same: Or if he wil do it more 

truely and of better faith, he will write that for the merittes of that man, 

and certaine qualities which he doth see in him, and noble[24] actes which 

he hath done, by[25] the authoritie which he hath as the[26] king of 

Heraldes and armes, he[27] giveth to him and his heires these and these 

armes, which done[28] I thiinke he may be called a squire, for he beareth 

ever after those armes. These men be[29] called sometime in scorne gentlemen 

of the first head.







WHETHER THE MANER OF ENGLAND IN MAKING GENTLEMEN

SO EASILY IS TO BE ALLOWED. 

Chap. 21.



A man may make a[1] doubt and question whether this maner of making 

gentlemen is to be allowed or no, and for my part I am of that opinion that 

it is not amisse. For first the prince loseth nothing by it, as he shoulde 

doe if it were as in Fraunce: for the yeomen or husbandman is no more 

subject to taile or taxe in Englande than the gentleman: no, in every 

payment to the king the gentleman is more charged, which he beareth the 

gladlier and dareth not gainesaie for to save and keepe his honour and 

reputation. In any shew or muster or other particular charge of the towne 

where he is, he must open his purse wider and augment his portion above 

others, or else he doth so much[2] diminish his reputation. For other[3] 

outward shew, a gentleman (if he wil be so accompted) must go like a 

gentleman, a yeoman like a yeoman, and a rascall like a rascall: and if he 

be called to the warres, he must and will (whatsoever it cost him) array 

himselfe and arme himself[4] according to the vocation which he pretendeth: 

he must shew a[5] more manly corage and tokens of better education, higher 

courage[6] and more[7] liberalitie than others, and keepe about him idle 

men[8] who shall doe nothing but waite upon him. So that no man hath hurt by 

it but he himselfe, who will[9] beare a bigger saile than he is able to 

maintaine. For as for[10] the policie and goverment of the common wealth, it 

is not those that have to do with it, who[11] will magnifie them selves, and 

goe in higher buskins than their estate will beare: but they which be[12] 

appointed, be tryed[13] and well knowen, as shall be declared hereafter.







OF CITIZENS AND BURGESSES. 

Chap. 22.



Next to gentlemen, be appointed citizens and burgesses, such as not onely be 

free and received as officers within the cities, but also be of some 

substance to beare the charges. But these citizens and burgesses, be to 

serve the common wealth, in their cities and burrowes, or in corporate 

townes where they dwell. Generally in the shyres they be of no[1] accompt, 

onely[2] in the common assembly of the realme to make lawes, which is called 

the Parliament. The aunciet cities appoint iiij. and ech burrough ij. to 

have voices in it, and give[3] their consent or dissent in the name of the 

citie or burrough.[4]







OF YEOMEN. 

Chap. 23.



Those whom we call yeomen next unto the nobilitie, the[1] knights and 

squires, have the greatest charge and doings in the common wealth, or rather 

are more travailed to serve in it than all the rest: as shall appeare 

hereafter. I call him a yeoman whom our lawes doe call Legalem hominem, a 

worde familiar to[2] writtes and enquestes, which is a freeman borne 

English, who[3] may dispend of his owne free lande in yerely revenue to the 

summe of xl. s. sterling by the yeare:[4] This maketh (if the just value 

were taken now to the proportion of monies) vi. 1 of our currant mony at 

this present. This sort of people confesse themselves to be no gentlemen, 

but give honour[5] to al which be or take upon them to be gentlemen, and yet 

they have a certaine preheminence and more estimation than laborers and 

artificers, and commonly live welthilie, keepe good houses, do[6] their 

businesse, and travaile to get[7] riches: these be (for the most part) 

fermors to[8] gentlemen, and[9] with grasing, frequenting of markettes, and 

keeping servauntes, not idle servants[10] as the gentleman doth, but such as 

get both their owne living and parte of their maisters: by these meanes doe 

come to such wealth, that they are able and daily doe buy the landes of 

unthriftie gentlemen, and after setting their sonnes to the schooles, to[11] 

the Universities, to the lawe of the Realme, or otherwise leaving them 

sufficient landes whereon they may live without labour, doe make their saide 

sonnes by those meanes gentlemen. These be not called masters, for that (as 

I saide) pertaineth to gentlemen onely: But to their surnames, men adde 

goodman: as if the surname be Litter, Finch, White, Browne, they are called, 

goodman Luter, goodman White, goodman Finch, goodman Browne, amongest their 

neighbours, I meane not in matters of importance or in lawe. But in matters 

of lawe as[12] for distinction, if one were a knight they would write him 

(for example sake) sir John Finch knight, so if he be an esquier, John Finch 

esquier, if he be not esquire, John Finch gentleman, if he be not gentleman, 

John Finch yeoman.[13] For amongest the gentlemen they which claime no 

higher degree, and yet be to be exempted out of the number of the lowest 

sort thereof, be written esquiers. So amongest the husbandmen labourers, and 

such the[14] lowest and rascall sort of the people such as be exempted out 

of the number of the rascabilitie of the popular be called and written 

yeomen, as in the degree next unto gentlemen. These be these[15] which olde 

Cato calleth Aratores and optimos cives in Republica: and such as the[16] 

writers of common wealthes praise to have manie in it. Aristoteles namely 

reciteth poma meshtia arista: these tende their owne businesse, come not to 

meddle in publike matters and judgements but when they are called, and 

gladde when they are delivered of it,[17] are obedient to the gentlemen and 

rulers, and in warre can abide travaile and labour as men used to it, 

wisheth[18] it soone at an ende that they might come home and live of their 

owne. When they are foorth they fight for their Lordes of whom they have[19] 

their landes, for their wives and children, for their countrey and nation, 

for praise and honour, against they come home, and to have the love of their 

Lorde and his children to be continued towardes them and their children, who 

hath[20] adventured their lives to and with him and his. These were[21] they 

which in the old world gat that honour to Englande, not that either for 

witte, conduction, or for power they are or were ever to be compared to the 

gentlemen, but because they be so manie in number, so obedient at the Lordes 

call, so strong of bodie, so heard to endure paine, so couragious to 

adventure with their Lorde I mean[22] or Captaine going with, or before 

them, for else they be not hastie nor never were, as making no profession of 

knowledge of warre. These were the good archers in times past, and the 

stable troupe of footemen that affaide all France, that would rather die 

all, than once abandon the knight or gentleman their Captaine, who at those 

daies commonly was their Lorde, and whose tenauntes they were, readie 

(besides perpetuall shame) to be in danger of undoing of them selves, and 

all theirs if they should showe any signe of cowardise or abandon the Lorde, 

Knight or Gentlemen of whom they helde their living. And this they have 

amongest them from their forefathers tolde one to an other. The gentlemen of 

France and the yeomen of Englande because[23] in battle of horsemen



Fraunce was many times too good for us, as we alway[24] for them on foote. 

And Gentlemen for the most part be men at armes and horsemen, and yeomen 

commonlie on foote: howesoever it was, yet the gentlemen had alwaies the 

conduction of the yeomen, and as their captaines were either a foote or upon 

a little nagge with them, and the Kinges of Englande in foughten battles 

remained[25] alwaies among the footemen, as the French Kinges amongst their 

horsemen. Each Prince therby, as a man may gesse, did shew where he thought 

his chief[26] strength did consist. What a yeoman is I have declared, 

from[27] whence the word is derived it is hard to say: it cannot be thought 

that yeomen should be said as[28] young man, for commonly wee doe not call 

any a yeomen till he be married, and have children, and as it were have some 

authoritie among his neighbours. Yonker in lowe dutch betokeneth a meane 

gentleman or a gay fellowe. Possibly[29] our yeomen not being so bolde as to 

name themselves gentlemen, when they came home, were content when they had 

heard by frequentation with some[30] lowe dutchmen some[31] small gentleman 

(but that[32] would be counted so) called[33] amongest them, yonker man, 

they[34] calling so in the[35] warres by mockage or in sport one[36] an 

other, when they come home, yonker man, and so yeoman: which worde now 

signifieth among us, a man well at ease and having honestlie to live, and 

yet not a gentleman: whatsoever that worde yonker man, yonke man, or yeoman 

doth more or lesse signifie to the dutch men.







OF THE FOURTH SORT OF MEN WHICH DOE NOT RULE. 

Chap. 24.



The fourth sort or classe amongest us, is of those which the olde Romans 

called capite censij proletary or operœ, day labourers, poore husbandmen, 

yea marchantes or retailers which have no free lande, copiholders, all[1] 

artificers, as Taylers, Shoomakers, Carpenters, Brickemakers, Bricklayers, 

Masons, &c. These have no voice nor authoritie in our common wealth, and no 

account is made of them but onelie to be ruled, not to rule other, and yet 

they be not altogether neglected. For in cities and corporate townes for 

default of yeomen, they are faine to make their enquests[2] of such manner 

of people. And in villages they be commonly made Churchwardens, alecunners, 

and manie times Constables, which office toucheth more the common wealth, 

and at the first was not imployed uppon such lowe and base persons. 

Wherefore generally to speake of the common wealth, or policie of Englande, 

it is governed, administred, and manied[3] by three sortes of persons, the 

Prince, Monarch, and head governer, which is called the king, or if the 

crowne fall to a woman, the Queene absolute, as I have heeretofore saide: In 

whose name and by whose authoritie all things be[4] administred. The 

gentlemen, which be divided into two partes, the Baronie or estate of Lordes 

which conteyneth[5] barons and all that bee above the degree of a baron, (as 

I have declared before): and those which be no Lords, as Knightes, Esquires, 

and simple[6] gentlemen. The thirde and last sort of persons is named the 

yeomanrie: each of these hath his part and administration in judgementes, 

corrections of defaultes, in election of offices, in appointing tributes[7] 

and subsidies, and[8] in making lawes, as shall appear heereafter.







                  THE SECOND BOOKE



OF THE PARLIAMENT AND THE AUTHORITIE THEREOF. 

Chap. 1.



The most high and absolute power of the realme of Englande, is[1] in the 

Parliament. For as in warre where the king himselfe in person, the 

nobilitie, the rest of the gentilitie, and the yeomanrie is,[2] there[3] is 

the force and power of Englande: so in peace and consultation where the 

Prince is to give life, and the last and highest commaundement, the Baronie 

for the nobilitie and lordes,[4] the knightes, esquiers, gentlemen and 

commons for the lower part of the common wealth, the bishoppes for the 

clergie bee present to advertise, consult and shew what is good and 

necessarie for the common wealth, and to consult together, and upon mature 

deliberation everie bill or lawe being thrise reade and disputed uppon in 

either house, the other two partes first each a part,[5] and after the 

Prince himselfe in presence of both the parties doeth consent unto and 

alloweth. That is the Princes and whole realmes deede: whereupon justlie no 

man can complaine, but must accommodate himselfe to finde it good and obey 

it.



That which is doone by this consent is called firme, stable, and sanctum, 

and is taken for lawe. The Parliament abrogateth olde lawes, maketh newe, 

giveth orders for thinges past, and for thinges hereafter to be followed, 

changeth rightes, and possessions of private men, legittimateth bastards, 

establisheth formes of religion, altereth weightes and measures, giveth 

formes of succession to the crowne, defineth of doubtfull rightes, whereof 

is no lawe alreadie made, appointeth subsidies, tailes, taxes, and 

impositions, giveth most free pardons and absolutions, restoreth in bloud 

and name as the highest court, condemneth or absolveth them whom the Prince 

will put to that triall: And to be short, all that ever the people of Rome 

might do either in Centuriatis comitijs or tributis, the same may be doone 

by the parliament of Englande, which representeth and hath the power of the 

whole realme both the head and the bodie. For everie Englishman is entended 

to bee there present, either in person or by procuration and attornies, of 

what preheminence, state, dignitie, or qualitie soever he be, from the 

Prince (be he King or Queene) to the lowest person of Englande. And the 

consent of the Parliament is taken to be everie mans consent.







THE FORME OF HOLDING THE PARLIAMENT. 

Chap. 2.



The Prince sendeth foorth his rescripts or writtes to every duke, marques, 

baron, and every other Lorde temporall or spirituall who hath voice in the 

parliament, to be at his great counsell of Parliament such a day, (the space 

from the date of the writ is commonly at the least fortie dayes): he sendeth 

also writtes to the Sherifes of every shyre to admonish the whole shire to 

choose two knightes of the parliament in the name of the shyre, to heare and 

reason, and to give their advise and consent in the name of the shire, and 

to be present at that day: likewise to every citie and towne which of 

ancientie hath bin wont to finde burgesses of the parliament, so to make 

election that they might be present there at the first day of the 

parliament. The knightes of the shyre be chosen by all the gentlemen and 

yeomen of the shyre, present at the day assigned for the election: the voice 

of the[1] absent is[2] counted for none. Yeomen I call here (as before) 

who[3] may dispende at the least xl. s. of yearely rent of free lande of his 

owne. These meeting at one day, the two who have the more of their voices be 

chosen knightes of the shire for that parliament: likewise by the pluralitie 

of the voyces of the citizens and burgesses be the burgesses elected. The 

first day of the parliament the Prince and all the Lordes in the[4] robes of 

parliament do meete in the highe[5] house, where after prayers made, they 

that be present are written, and they that be absent upon sicknes or some 

other reasonable cause (which the prince will allowe) do constitute under 

their hande and seale some one of those who be present as his[6] procurer or 

atturney to give voice for him,[7] so that by presence or atturney and 

proxey they be all there, all the princes and barrons and all archbishops 

and bishops, and (when abbots were) so many abbots as had voice in 

parliament. The place where the assembly is, is richly tapessed and hanged, 

a princely and royal throne as appertaineth to a king, set in the middest of 

the higher place thereof. Next under the prince sitteth the Chancellor, who 

is the voyce and orator of the prince. On the one side of that house or 

chamber sitteth the archbishops and bishops, ech in his ranke, on the other 

side the dukes and barons. In the middest thereof uppon woolsackes sitteth 

the Judges of the realme, the master of the roules, and the secretaries of 

estate. But these that sit on the woolsacks have no voice in the house, but 

onely sit there to aunswere their knowledge in the law, when they be asked 

if any doubt arise among the Lordes. The secretaries to aunswere of such 

letters or thinges passed in counsell whereof they have the custodie and 

knowledge: and this is called the upper house, who giveth their[8] consent 

and dissent ech[9] man severally and by himselfe, first for himselfe, and 

then severally for so many as he hath proxies or letters,[10] when it 

commeth to the question, saying onely content or not content, without 

further reasoning or replying. In this meane time the knights of the shires 

and burgesses of the parliament (for so they are called that have voice in 

parliament, and are chosen as I have said before, to the number betweixt 

iij. C. and iiij. C.) are called by such as it pleaseth the prince to 

appoint, into an other great house or chamber by name, to which they 

aunswere and declaring for what shyre or towne they aunswere: then they are 

willed to choose an able and discreete man to be as it were the mouth of 

them all, and to speake for and in the name of them, and to present him so 

chosen by them to the prince: which done they comming al with him to a 

barre, which is at the nether ende of the upper house, there he first 

praiseth the prince, then maketh his excuse of unabilitie, and prayeth the 

prince that he would command the commons to choose another. The chancellor 

in the princes name doth so much declare him able, as he did declare 

himselfe unable, and thanketh the commons for choosing so wise, discreete 

and eloquent a man, and willeth them to go and consult of lawes for the 

common wealth. Then the speaker requireth[11] certaine requests of[12] the 

prince in the name of the commons, first that his majestie would be content 

that they may use and enjoy all their liberties and priviledges that the 

common house was wont to enjoy. Secondly that they might franckely and 

freely saye their mindes in disputing of such matters as may come in 

question, and that without offence of[13] his Majestie. Thirdly that if any 

should chaunce of that lower house to offend or not to do or say as should 

become him, or if any should offend any of them being called to that his 

highnes court: That they might[14] (according to the ancient custome) have 

the punishment of them. And fourthly, that if there came any doubt, 

whereupon they shal desire to have thadvise or conference with his Majestie 

or with any of the Lordes, that they might doe it: All which he promiseth in 

the commons names that they will[15] not abuse, but have such regarde as 

most faithfull, true and loving subjectes ought to have to their prince.



The Chauncelor answereth in the princes name, as apperteyneth. And this is 

all that is doone for one day, and sometime two. Besides the Chauncelor, 

there is one in the upper house who is called Clarke of the Parliament, who 

readeth the bils. For all that commeth in consultation either in the upper 

house or in the neather house, is put in writing first in paper, which being 

once read, he that will, riseth up and speaketh with it or against it: and 

so one after another so long as they shall thinke good. That doone they goe 

to another, and so an other bill. After it hath bin once or twise read, and 

doth appeare that it is somewhat liked as reasonable, with such amendment in 

wordes and peradventure some sentences as by disputation seemeth to be 

amended: In the upper house the Chauncelor asketh if they will have it 

engrossed, that is to say put into parchement: which doone, and read the 

third time, and that eftsoones if any be disposed to object disputed againe 

among them, the Chauncelor asketh if they will goe to the question: and if 

they agree to goe to the question, then he sayth, here is such a lawe or act 

concerning such a matter, which hath beene thrise read here in this house, 

are ye content that it be enacted or no? If the not contentes be moe, then 

the bill is dashed, that is to say the lawe is antiquated[16] and goeth no 

further. If the contentes be the more, then the Clarke writeth underneath: 

Soit baille aux commons. And so when they see time they send such bils as 

they have approoved by two or three of those which doe sit on the woolsacks 

to the commons: who asking licence, and comming into the house, with due 

reverence, sayth to the speaker: Master speaker, my Lordes of the upper 

house have passed among them and thinke good, that there should be enacted 

by Parliament such an act, and such an act, and so readeth the titles of 

that act or actes. They pray you to consider of them, and shew them your 

advise, which doone they goe their way. They being gone and the doore againe 

shut, the speaker rehearseth to the house what they sayd. And if they be not 

busie disputing at that time in an other bill, he asketh them streightwaie 

if they will have that bill or (if there be mo) one of them reade.[17]



In like manner in the lower house the speaker sitting in a seate or chaire 

for the nonce[18] somewhat higher, that he may see and be seene of them all, 

hath before him in a lower seate his Clarke, who readeth such bils as be 

first propounded in the lower house, or be sent down from the Lords. For in 

that ech[19] house hath equal authoritie, to propounde what they thinke 

meete, either for thabrogating of some law made before, or for making of a 

newe. All bils be thrise in three diverse dayes read and disputed upon, 

before they come to the question. In the disputing is a mervelous good order 

used in the lower house. He that standeth uppe bareheadded is understanded 

that he will speake to the bill. If moe stande uppe, who that first is 

judged to arise, is first harde, though the one doe prayse the law, the 

other diswade it, yet there is no altercation. For everie man speaketh as to 

the speaker, not as one to an other, for that is against the order of the 

house. It is also taken against the order, to name him whom ye doe confute, 

but by circumlocution, as he that speaketh with the bill, or he that spake 

against the bill, and gave this and this reason, [dothe not satisfie but I 

am of the contrary opinion for this and this reason.][20] And so with 

perpetuall Oration not with altercation, he goeth through till he do make an 

end. He that once hath spoken in a bill though he be confuted straight, that 

day may not replie, no though he would chaunge his opinion. So that to one 

bill in one day one may not in that house speake twise, for else one or two 

with altercation woulde spende all the time. The next day he may, but then 

also but once.



No reviling or nipping wordes must be used. For then all the house will 

crie, it is against the order: and if any speake unreverently or 

seditiouslie against the Prince or the privie counsell, I have seene them 

not onely interrupted, but it hath beene moved after to the house, and they 

have sent them to the tower. So that in such a multitude, and in such 

diversitie of mindes, and opinions, there is the greatest modestie and 

temperance of speech that can be used. Neverthelesse with moste[21] doulce 

and gentle termes, they make their reasons as violent and as vehement the 

one against the other as they may. Ordinarily, except it bee for urgent 

causes and hasting of time, at[22] the afternoone they keepe no parliament. 

The speaker hath no voice in the house, nor they will not suffer him to 

speake in any bill to moove or diswade it. But when any bill is read, the 

speakers office is as brieflie and as plainely as he may to declare the 

effect thereof to the house. If the commons doe assent to such billes as be 

sent to them first agreed upon from the Lords thus subscribed, Les commons 

ont assentus, so if the Lordes doe agree to such billes as be first agreed 

uppon by the Commons, they sende them downe againe[23] to the speaker thus 

subscribed, Les Seigneurs ont assentus. If they cannot agree, the two houses 

(for everie bill from whence soever it doth come is thrise reade in each of 

the houses) if it be understoode that there is any sticking, sometimes the 

Lordes to the Commons, somtime the Commons to the Lords doe require that a 

certaine of each house may meete together, and so ech part to be enformed of 

others meaning, and this is alwaies graunted. After which meeting for the 

most part not alwaies either parte agrees to others billes.



In the upper house they give their assent and dissent ech man severallie and 

by himselfe first for himselfe, and then for so manie as he hath proxie. 

When the Chaunceler hath demanded of them if[24] they will goe to the 

question after the bill hath beene thrise reade, they saying only content or 

not content, without further reasoning or replying: and as the more number 

doeth agree, so is it agreed on, or dashed.



In the neather house none of them that is elected either Knight or Burges 

can give his voice to an other nor his consent nor dissent by proxie. The 

more parte of them that be present onely maketh the consent or dissent. 

After the bill hath been twise reade, and then engrossed and eftsoones reade 

and disputed on ynough as is thought: the speaker asketh if they will goe to 

the question. And if they agree he holdeth the bill up in his hande and 

sayeth, as many as will have this bill goe forwarde, which is concerning 

such a matter, say yea. Then they which allowe the bill crie yea, as[25] 

many as will not, say no: as the crie of yea or no is bigger, so the bill is 

allowed or dashed. If it be a doubt which crie is the bigger, they divide 

the house, the speaker saying, as many as doe alowe the bill goe downe with 

the bill, and as many as do not sitte still. So they divide themselves, and 

being so divided they are numbred who make the more part, and so the bill 

doeth speede. It chaunceth sometime that some part of the bil is allowed, 

some other part hath much contrariety and doubt made of it: and it is 

thought if it were amended it would goe forwarde. Then they chuse certaine 

committees of them who have spoken with the bil and against it to amende it, 

and bring it in againe so amended, as they amongest them shall thinke meete: 

and this is before it is engrossed, yea and some time after. But the 

agreement of these committees is no prejudice to the house. For at the last 

question they will either accept it or dash it as it shall seeme good, 

notwithstanding that whatsoever the committees have doone.



Thus no bill is an act of Parliament, ordinaunce, edict or[26] law, untill 

both the houses severallie have agreed unto it, after the order aforesaide, 

no nor then neither. But the last day of that Parliament or session the 

Prince commeth in person in his Parliament robes, and sitteth in his state: 

all the upper house sitteth about the Prince in their states and order in 

their robes. The speaker with all the common house commeth to the barre, and 

there after thankes given first in the Lordes name by the Chaunceller &c. 

and in the commons name by the speaker to the Prince, for that hee hath so 

great care of the good governement of his people, and for calling them 

together to advise of such thinges as should be for the reformation, 

establishing and ornament of the common wealth: the Chaunceller in the 

Princes name giveth thankes to the Lords and commons for their paines and 

travailes taken, which he saith the Prince will remember and recompence when 

time and occasion shall be[27] and then sayeth that the Prince hath well 

viewed and wayed what hath been moved and presented and debated amongst the 

Lords and them and thereupon will show his mind that the doings might 

have[28] perfect life and accomplishment by his princelie authoritie, and so 

have the whole consent of the Realme. Then one reades the title of everie 

act which hath passed at that session, but only in this fashion: An act 

concerning such a thing, &c. It is marked there what the Prince doth allowe, 

and to such he sayth: Le roy or la royne le veult. And those be taken nowe 

as perfect lawes and ordinances of the Realme of Englande and none other, 

and as shortlie as may be put in print, except it be some private cause or 

lawe made for the benefit or prejudice of some private man, which the Romans



were wont to call privilegia. These be onelie exemplified under the seale of 

the Parliament, and for the most part not printed. To those which the Prince 

liketh not, he answereth, Le roy or la royne saduise[29] and those be 

accounted utterly dashed and of none[30] effect.



This is the order and forme of the highest and most authentical court of 

Englande, by vertue whereof all those things be established whereof I spake 

before, and no other meanes accounted vailable to make the[31] forfaiture of 

life, member, or landes of any English man, of new[32] where there was no 

lawe made[33] for it before. Nowe let us speake of the saide partes when 

they be severall.







OF THE MONARCH KING OR QUEENE OF ENGLANDE. 

Chap. 3.



The Prince whom I nowe call (as I have often before) the Monarch of 

Englande, King or Queene, hath absolutelie in his power the authoritie of 

warre and peace, to defie what Prince it shall please him, and to bid him 

warre, and againe to reconcile himselfe and enter into league or truce with 

him at his pleasure or the advice onely of his privie counsell. His privie 

counsell be chosen also at the Princes pleasure out of the nobilitie or 

baronie, and of the Knightes, and Esquiers, such and so many as he shal 

thinke good, who doth consult daily, or when neede is of the weightie 

matters of the Realme, to give therein to their Prince the best advice they 

can. The Prince doth participate to them all, or so many of them, as he 

shall thinke good, such legations and messages as come from forren Princes, 

such letters or occurrentes as be sent to himselfe or to his secretaries, 

and keepeth so many ambassades and letters sent unto him secret as he will, 

although these have a particular oth of a counceller touching faith and 

secrets administred unto them when they be first admitted into that 

companie. So that heerein the kingdome of Englande is farre more absolute 

than either the dukedome of Venice is, or the kingdome of the Lacedemonians 

was. In warre time, and in the field the Prince hath also absolute power, so 

that his worde is a law, he may put to death, or to other bodilie 

punishment, whom he shall thinke so to deserve, without processe of lawe or 

forme of judgement. This hath beene sometime used within the Realme before 

any open warre in sodden insurrections and rebellions, but that not allowed 

of wise and grave men, who in that their judgement had consideration of the 

consequence and example, asmuch as of the present necessitie, especiallie, 

when by anie meanes the punishment might have beene doone by order of lawe. 

This absolute power is called marciall lawe, and ever was and necessarilie 

must be used in all campes and hostes of men, where the time nor place do 

suffer the tariance of pleading and processe, be it never so short, and the 

important necessitie requireth speedie execution, that with more awe the 

souldier might be kept in more straight obedience, without which never 

captaine can doe anie thing vaileable in the warres.



The prince useth also absolute power in crying and decreeing the monies[1] 

of the realme by his proclamation onely. The monies be[2] alwayes stamped 

with the princes image and title. The forme, fashion, maner, weight, 

finenesse, and basenesse therof, is at the discretion of the prince. For 

whom should the people trust more in that matter than their prince, for[3] 

the coine is only to certifie the goodnes of the mettall and the weight, 

which is affirmed by the princes image and marke? But if the prince will 

deceave them and give them copper for silver or golde, or enhaunce his coyne 

more than it is worth, he is deceaved himselfe, aswell as he doth goe about 

to deceave his subjectes. For in the same sort they pay the prince his 

rentes and customes. And in time they will make him pay rateably or more for 

meate, drinke and victualles for him and his, and for their labour: which 

experience doth teach us nowe in our dayes to be doone in all regions. For 

there was ever[4] and ever wil be a certaine proportion betwixt[5] the 

scarceness[6] and plentie of other thinges, and[7] gold and silver, as I 

have declared more at large in my booke of Monies.[8] For all other measures 

and weightes, aswell of drie thinges as of wet, they have accustomed to be 

established or altered by the Parliament, and not by the princes 

proclamation only.



The prince useth also to dispence with lawes made, whereas equitie requireth 

a moderation to be had, and with paynes for transgression of lawes, where 

the payne of the lawe is applyed onely to the prince. But where the forfaite 

(as in popular actions it chaunceth many times) is part to the prince, the 

other part to the declarator, detector or informer, there the prince doth 

dispence for his owne part onely. Where the criminall action is intended by 

inquisition (that maner is called with us at the princes suite) the prince 

giveth absolution or pardon: yet with a clause, modo stet rectus in curia, 

that is to say, that no man object against the offendor. But[9] 

notwithstanding that he hath the princes pardon if the person offended will 

take uppon him the accusation (which in our language is called the appeale) 

in cases where it lieth, the princes pardon doth not serve the offendor.



The prince giveth all the chiefe and highest offices or magistracies of the 

realme, be it of judgement or dignitie, temporall or spirituall, and hath 

the tenthes and first fruites of all Ecclesiasticall promotions, except in 

the Universities and certaine Colledges which be exempt.



All writtes, executions and commaundementes be done in the princes name. We 

doe say in England the life and member of the kinges subjectes are the 

kinges onely, that is to say no man hath hault nor moyenne justice but the 

king, nor can hold plea thereof. And therefore all those pleas, which touche 

the life or the mutilation of any parte of a[10] man, be called pleas of the 

crowne, nor can be doone in the name of any inferior person than he or shee 

that holdeth the crowne of Englande. And likewise no man can give pardon 

thereof but the prince onely: Although in times past there were certaine 

countie Palatines, as Chester, Durham, Elie, which were hault justicers, and 

writtes went in their name and some[11] Lorde marchers of Wales, which 

claymed like priviledge. All these are nowe worne away. The supreme justice 

is done in the kinges name, and by his authoritie onely.



The Prince hath the wardshippe and first mariage of all those that hold 

landes of him in chiefe. And also the government of all fooles naturall, or 

such as be made by adventure of sicknes, and so continue, especially[12] if 

they be landed. This being once graunted by act of Parliament (although some 

inconvenience hath beene thought to have growen[13] thereof, and sith that 

time it hath beene thought verie unreasonable) yet once annexed to the 

crowne who canne[14] take the clubbe out of Hercules hand. And if it 

were[15] governed justly and rightly [as it might be, whether it be or no, 

let others judge, there is not] so much[16] inconvenience in it, as some men 

would make of it: diverse other rights and preeminences the prince hath 

which be called prerogatives royalles, or the prerogative of the king, which 

be declared particularly in the bookes of the lawes and lawyers of 

England.[17]



To be short the prince is the life, the head, and the authoritie of all 

thinges that be doone in the realme of England. And to no prince is doone 

more honor and reverence than to the King and Queene of Englande, no man 

speaketh to the prince nor serveth at the table but in adoration and 

kneeling, all persons of the realme be bareheaded before him: insomuch that 

in the chamber of presence where the cloath of estate is set, no man dare 

walke, yea though the prince be not there, no man dare tarrie there but 

bareheaded. This is understood of them[18] of the realme: For all strangers 

be suffered there and in all places to use the maner of their countrie, such 

is the civilitie of our nation.







THE CHIEFE POINTES WHEREIN ONE COMMON WEALTH

DOTH DIFFER FROM AN OTHER. 

Chap. 4.



Now that we have spoken of the parliament (which is the whole universall and 

generall consent and authoritie aswell of the prince as of the nobilitie and 

commons, which is as much to say[1] of the whole head and bodie of the 

realme of England) and also of the prince, (which is the head, life and 

governor of this common wealth): there remaineth to shewe, how this head 

doth distribute his authoritie and power to the rest of the members for the 

government of his realme, and the common wealth of the politique bodie of 

England. And where[2] all common wealthes and governmentes be most occupyed, 

and be most diverse in the fashion of five thinges: in making of lawes and 

ordinaunces, for their owne goverment: in making of battell and peace, or 

truce with forraine nations: in providing of mony for the maintenance of 

themselves, within themselves, and defence of themselves against their 

enemies: in choosing and election of the chiefe officers and magistrates: 

and fiftly in the administration of justice. The first and third we have 

shewed is doone by the prince in parliament. The seconde and fourth by the 

prince himselfe. The fifth remaineth to be declared.







OF THE THREE MANERS AND FORMES OF TRIALLES OR

JUDGEMENTES IN ENGLAND. 

Chap. 5.



By order and usage of Englande there is three wayes and maners, whereby 

absolute and definite judgement is given, by parliament which is the highest 

and most absolute, by battle and by the great assise.







TRIALL OR JUDGEMENT BY PARLIAMENT. 

Chap. 6.



The matter of giving judgement by parliament betwixte[1] private and private 

man, or betwixte[2] the prince and any private man, be it in matters 

criminall or civill, for land or heritage[3] doth not differ from thorder 

which I have prescribed, but it proceedeth by bill thrise read in ech house 

and assented to as I have saide before, and at the last day confirmed and 

allowed by the prince. Howbeit such bils be seeldome receaved, because that 

peat counsell being enough occupyed with the publique affaires of the 

realme, will not gladly intermedle it selfe with private quarels and 

questions.







TRIALL OR[1] JUDGEMENT BY BATTLE. 

Chap. 7.



This is at this present not much used, partly because of long time the Pope

and the cleargie to whom in times past we were much subject, alwayes

cryed against it as a thing damnable and unlawful, and partly because in all

common wealthes (as to the tongue) so to the maners, fashions, habits, yea

and kindes of trials and judgmentes, and to all other thinges that is therein

used, time and space of yeares bringeth a chaunge. But I could not yet

learne that it was ever abrogated. So that it remaineth in force, whensoever

it be demanded. The maner of it is thus[2] described in Briton: ____.[3]







THE TRIALL BY ASSISE OR XIJ. MEN AND FIRST OF THE THREE

PARTES WHICH BE NECESSARY IN JUDGEMENT. 

Chap. 8.



The other two[1] judgementes be absolute supreme and without appeale, and so 

is also this[2] judgement by the great assise. And because our manner of 

judgementes in England is in many thinges different from the fashion used 

either in Fraunce, or in Italie, or in any other place where the Emperors 

lawes and constitutions (called the civill lawes) be put in use, it will be 

necessarie here to make a litle digression, to that[3] intent, that that 

which shalbe said hereafter may be better understanded.[4] All pursuites and 

actions (we call in[5] our English tongue pleas) and in barbarous (but now 

usuall) latine placita, taking that name abusive of the definitive sentence, 

which may well be called placitum or areston. The French useth the same 

calling in their language, the sentence of their judges areste or arest: in 

which wordes notwithstanding after their custome they do not sounde the s, 

Marye[6] we call placitum the action not the sentence, and placitare 

barbarouslie, or to pleade in englishe, agere or litigare. Now in all 

judgements necessarily being two parties, the first we call pleader,[7] 

suiter, demaunder or demaundaunt.[8] In criminall causes if he professe to 

be an accuser, we call him appealer[9] or appellour, and so accusation we 

call appeale. The other we call the defendant and in criminall causes 

prisoner, for he cannot aunswere in causes criminall before he do render 

himselfe or be rendred prisoner.



Judex is of us also[10] called Judge, but our fashion is so diverse that 

they which give the deadly stroke, and either condemne or acquite the man 

for guiltie or not guiltie, are not called Judges but the xij. men. And the 

same order aswell is in civill matters and pecuniarie, as in matters 

criminall.







OF PLEAS OR ACTIONS 

Chap. 9.



Pleas or actions criminall be in English called pleas of the crowne, which be

all those which tende to take away a mans life or any member of him, for his

evill deserving against the prince and common wealth.



And this name is given not without a cause. For taking this for a principle 

that the life and member of an Englishman is in the power onely of the 

prince and his lawes, when any of his subjectes is disspoyled[1] either of 

life or member, the prince is endammaged thereby, and hath good cause to 

aske accompt, how his subjectes should come to that mischiefe. And againe 

for so much as the prince who governeth the scepter, and holdeth the crowne 

of Englande hath this in his care and charge, to see the realme well 

governed, the life, members and possessions of his subjectes kept in peace 

and assurance: he that by violence shall attempt to breake that peace and 

assuraunce, hath forfeited against the scepter and crowne of England: and 

therfore not without a cause in all inquisitions and inditementes, if any be 

found by the xij. men to have offended in that behalfe, streight the prince 

is saide to be partie, and he that shall speake for the prisoner shall be 

rebuked, as speaking against the prince. Neverthelesse it is never defended, 

but the prisoner and partie defendant in any cause may alleadge for 

himselfe[2] al the reasons, meanes and defences that he can, and shall be 

peaceablie hearde and quietlie: But in those pleas or[3] pursuites of the 

crowne, procurer or advocate he gettes none, which in civill and pecuniarie 

matters (be it for land, rent, right, or possession, although he plead 

against the prince himselfe) is never denied.



Pleas civill be either personall or reall, personall as contractes or for 

injuries: reall be either possessorie to aske, or to keepe the possession, 

or in rem, which we cal a writte of right. For that which in the civill lawe 

is called actio or formula, we call writ in English: so the Greekes called 

it worde for word grafh and in our barbarous latine we name it breve.



And as the olde Romanes had their actions some ex jure civili, and some ex 

jure praetorio, and ordinarily praetor dabat actiones & formulas actionum: 

so in Englande we retaine still this, and have some writtes out of the 

chauncerie, other out of the common place or the kings bench.







OF THE CHIEFE TRIBUNALS, BENCHES OR COURTES OF

ENGLANDE. 

Chap. 10.



In times past (as may appeare to him that shall with judgement reade the 

histories and antiquities of England) the courtes and benches followed the 

king and his court wheresoever he went, especially straight[1] after the 

conquest. Which thing being found very cumbersome, paineful and chargeable 

to the people, it was agreed by parliament, that there shoulde be a standing 

place where judgement should be given. And it hath long time beene used in 

Westminster hall, which king William Rufus builded for the hall of his owne 

house. In that hal be ordinarily seene three[2] Tribunals or Judges seates. 

At the entrie on the right hande, the common place, where civill matters are 

to be pleaded, specially such as touch landes or contractes. At the upper 

ende of the hall, on the right hand, the kinges bench, where pleas of the 

crowne have their place. And on the left hande sitteth the Chauncelor 

accompanyed with the master of the Roules, who in latine may be called 

custos archivorum regis, and certaine men learned in the civill lawe called 

Masters of the chauncerie, in latine they may be named Assessores.







OF THE TIMES OF PLEADING CALLED TERMES, & OF THE

CHAUNCELOR AND CHAUNCERIE. 

Chap. 11.



Two things may be moved in question here, how all Englande (being so long 

and so large, and having so many shyres and provinces therein) can be 

answered from[1] justice in one place, and three benches were[2] they never 

so great? An other where judgement is exercised[3] in criminall causes and 

in all pleas of the crowne, and the other[4] in all civill causes, reall and 

personall what place hath[5] the chauncerie?



The first question will seeme more marvelous and have more occasion of 

doubt, when I shall also tell that the lawe is not open at all times, no not 

the third part of the yeare. But where all other cities and common wealthes 

had all the yeare pleas, suites, and judgements, except for certaine holy 

daies and harvest and vintage, or when for some urgent cause the lawe was 

commaunded to be stopped, which is called Justitium: Contrarie in ours, it 

is but fewe times open. That is onely foure times in the yeare which they 

call termes. [After Michaelmas about ten daies, during five or sixe weekes 

at the least. After Christmas about a moneth, enduring by the space of three 

weekes. Then from xvij. dayes after Easter by the space of three weekes and 

odde dayes. Likewise from the sixt or seventh day after Trinitie Sunday, 

during two weekes and odde daies.][6] All the rest of the yeare there is no 

pleading, entring nor pursuing of actions. This small time, and all that but 

in one place may seeme verie injurious to the people, who must be faine to 

suffer much wrong for lacke of Justice and of place and time to pleade 

it.[7] Heereafter I entende to answere more fully, but[8] in the meane while 

that shall suffice which the wise Cato aunswered to one who mooved that the 

pleading place in Rome might be covered over with canvas as their theaters 

were, to the intent that the plaintifes and defendauntes that were there 

might plead their matters more at ease, and not be in so much danger of 

their health by the heate of the sunne striking full and open upon their 

heades, which was no smal griefe and disease, specially at Rome. Nay (saith 

Cato) for my part I had rather wish that all the waies to the place of 

pleading were cast over with galthrops, that the feete of such as love so 

well pleading, should feele as[9] much paine of those prickes in going 

thither as their heades of[10] of the sunne in tarrying there: he ment that 

they were but idle, whot heades, busie bodies, and troublesome men in the 

common wealth that did so nourish pleading: good labourers and quiet men 

could bee content to ende their matters at home by judgement of their 

neighbours and kinsfolke without spending so their money upon procurers and 

advocates whom we call attornies, Sergeantes,[11] and generallie men of 

lawe. Those he accounted profitable citizens, who attended[12] their honest 

labour and businesse at home, and not stande waiting and gaping uppon their 

rolles and processe in the lawe: those[13] other by his judgement, it 

made[14] no matter what mischiefe they had.[15] To the other question of the 

chancerie, this I answere: That our lawe which is called of us the common 

lawe as ye would say Jus civile, is and standeth upon akribodikaiV, that is 

Jus summum: and their maximees be taken so straitlie that they may not 

depart from the tenour of the wordes even as the olde civill lawe was. And 

therefore as that lacked the helpe of a Prœtor (which might moderari illud 

jus summum, give actions where none was, mitigate the exactenesse and rigour 

of the lawe written, give exceptions, as metus, doli mali, minoris œtatis, 

&c. for remedies, and maintaine alwaies æquum & bonum): the same order and 

rancke holdeth our chauncerie, and the chauncellor hath the verie authoritie 

heerin as had the Præter in the olde civill law before the time of the 

Emperours. So he that putteth up his bill in the chauncerie, after that he 

hath declared the mischiefe wherein he is, hath this[16] as in the solemne 

form.[17] And for so much as in this case hee is without remedie in the 

common lawe, therefore he requireth the chauncellor according to equitie and 

reason to provide for him and to take such order as to good conscience shall 

appertaine. And the court of the chauncerie is called of the common people 

the court of conscience, because that the chauncellor is not strained by 

rigour or forme of wordes of lawe to judge but ex aequo and bono, and 

according to conscience as I have said. And in this court the usuall forme 

of pleading and proper[18] of Englande is not used, but the forme of 

pleading by writing, which is used in other countries according to the 

civill lawe: and the tryall is not by xii. men, but by the examination of 

witnesse as in other courtes of the civil lawe.







OF JUDGES IN THE COMMON LAWE OF ENGLAND, AND THE

MANNER OF TRIALL AND PLEADING THERE. 

Chap. 12.



The Prince out of the numbers of those who have beene Counsellers or 

Sergeants in[1] the law, which be those who in latin be[2] called causidici 

or advocati, chooseth of[3] the most approoved for learning, age, 

discretion, and exercise two, whereof[4] the one is called chiefe Justice of 

the Kings bench, or simply chiefe Justice, the other chiefe Justice of the 

common place, and others to the number of ____ .[5] These hath[6] each an 

ordinarie fee or stipend of the Prince. The two the chiefe, thone to the 

some of ____, th'other to the summe of ____, the rest ____ a piece.[7]



These doe sit at such daies as be terme, which may be called Dies legitimi 

juridici or fasti, in their distinct places as I have said before. There 

they heare the pleading of all matters which doe come before them: and in 

civill matters where the pleading is for money or land or possession, part 

by writing, and part by declaration and altercation of the advocates the one 

with thother, it doeth so proceede before them till it doe come to the 

issue, which the latines doe call statum causæ, I doe not meane 

contestationem litis, but as the Rhetoritians doe call statum, we doe most 

properly call it the issue, for there is the place where the debate and 

strife[8] (as a water held in a close and darke vessel can issue out and 

be[9] voided and emptied) and no where else: that stroke well stricken is 

the departing of all the quarelles. Issues or status in our lawe bee 

ordinarily two facti and juris.







OF THE TWO MANNER OF ISSUES. 

Chap. 13.



If the question be of the lawe, that is if both the parties doe agree upon 

the fact, and each doe claime that by lawe he ought to have it, and will 

still in that fashion[1] maintaine their right, which is[2] called a 

demurre[3] in the[4] lawe: if[5] in the lawe the case seeme to the Judges 

that sitte doubtfull, this[6] is called a checkerchamber case, and all the 

Judges shall[7] meete together, and what they shall pronounce to be the 

lawe, that is helde for right, and the other partie looseth his action 

and[8] lande for ever. If the Sergeants or counsellors doe stand upon anie 

point in the law which is not so doubtfull, the Judges who be taken for most 

experte biddes him goe forwarde: and if he hath no other to say but standeth 

uppon that point of the lawe, that bidding goe forwarde is taken that he 

looseth his action, and the defendant is licensed to depart without a day: 

and this is where the issue or question is of the lawe or Juris. So that in 

that[9] case where the lawe is not doubtfull thus it is ended, that in the 

answere, replication, rejoinder, or triplication[10] and so forth, the 

matter is concluded in the pleadinge. If the exception be not vaylable,[11] 

the Judge out of hande decidinge.[12] And it is the manner that each partie 

must grant[13] to the other stil that[14] in the fact which he cannot denie. 

For if he once come to denie any deede as not doone, not his writing, 

the[18] man by whome the adversarie claimeth was not the adversaries 

auncestor, or the evidence which his adversarie bringeth is not true, or 

that his gift was former, &c.[16] or any such like exception which is 

vaileable to abate the action and[17] the other joyneth in the affirmative 

and will averre and prove it,[18] this is called the issue, straight[19] all 

question of the lawe ceaseth as agreed by both the parties, that there is no 

question in the lawe. Then as that issue facti is founde by the xij men of 

whom wee shall speake heareafter, so the one partie or other looseth his 

cause and action: so that contrarie to the maner of the civill lawe where 

first the fact is examined by witnesses, iudices,[20] tormentes and such 

like probations to finde out the truth thereof, and that doone the advocate 

doe dispute of the lawe to make of it what they can: saying, ex facto jus 

oritur: heere the Sergeantes or counsellers before the Judges doe in passing 

forewarde with their pleading determine and agree upon the lawe, and for the 

most part and in manner all actions as well criminal as civill, come to the 

issue and state of some fact which is denied of the one partie, and averred 

of the other: which fact being tried by the xij men as they find, so the 

action is wonne or lost. And if a man have many peremptorie exceptions 

(peremptorie exceptions I call onely those which can make the state and 

issue) because the xij men be commonly rude and ignorant, the partie shalbe 

compelled to choose one exception whereupon to founde his issue, which 

chosen if he faile in that by the verdite of xij men, he looseth his action 

and cause, and the rest can serve him for nothing.



Having seene both in Fraunce and other places manie devises, edictes and 

ordinaunces howe to abridge procès and to finde howe that long suites in law 

might be made shorter: I have not perceived nor reade as yet so wise, so 

just, and so well devised a meane found out by[21] any man among us in 

Europe.



Trueth it is that where this fashion hath not beene used, to[22] them to 

whom it is newe, it will not be so easy to understand[23] and therfore they 

may peradventure make judgement contrarie but[24] the more they doe weigh 

and consider it, the more reasonable they shall finde it.



Howe the issue, question or status juris is decided, I have tolde: now I 

will shewe howe it is tryed when it doth come to the question, state or 

issue of the deede or fact. And first I must speake more largely of the 

manner of proceeding in the processe, and of such persons as be necessary 

for the execution thereof.







OF THE SHERIFE OF THE SHIRE, AND OF THE EXCHEQUER.[1] 

Chap. 14.



The Romans had to execute the commaundements of the magistrates Lictores, 

viatores, accensos. The civill lawe sith that time hath other names, termes, 

and officers (as ____).[2] The execution of the commaundementes of the 

magistrates in England is ordinarily doone by the sherifes. The sherife 

(which is as much to say as the Reeve or Bayly of the shire) is properly 

word for word Questor provinciæ: he[3] is he that[4] gathereth uppe and 

accompteth for the profittes of the shire, which[5] come to the exchequer. 

The exchequer (which is fiscus principis, or œrarium publicum, and I cannot 

tell in what language it is called Scaccarium, some thinks that it was first 

called statarium, because that there was the stable place to account for the 

revenues of the crowne, aswell that which came of the patrimony which we cal 

the demeasnes: as that which commeth of other incident acquisitions be they 

rentes, customes, tenthes, quinziesmes, taxes, subsidies, wheresoever the 

Prince of his court be according to the time and occasion) this[6] was a 

place stable, continual and appointed for to recken and account. The hearers 

of the account (who in latin may be called tribuni ærarij) they[7] have 

auditors under them which the Latines doe call Rationales: but they are the 

chiefe for the accounts of the Prince, and may be called Juridici 

rationales, in English we cal them Barons of the exchequer, whereof is one 

who is called the chiefe Baron, as Tribunus or Juridicus rationalis primus 

or princeps. The chiefe of all is called high treasurer of Englande, as you 

would say in latin Supremus œrarij anglici quœstor, or Tribunus ærarius 

maximus. In this court be hearde Quadruplatores (which we call promoters) 

which be those that in popular and penall action be delatores, having 

thereby the profit in[8] the lawe assigned. In this court if anie question 

be, it is determined after the fashion[9] of the common lawe of Englande 

as[10] by the xij men as I have saide: and all customers which were in latin 

called publicarij in Greeke telwnai, do account in this office. The Sherife 

of the shire is called in our common latin Vicecomes, as one would say 

vicarius comitis or procomes, doing that service to attende upon the 

execution of the commaundementes of the Tribunalles or Judges which the 

Earle or countie should doe, which Earle or Countey for the most part was 

attending uppon the Prince in the warres or otherwise about the Prince as 

the worde beareth, comes principis: whereby it may appeare that the chief 

office of the Countie or Earle was to see the kinges Justice to have course 

and to be well executed in the shire or Countie, and the Princes revenues 

well answered and brought in ærarium principis, which is called of us the 

treasurie.



If any fines or amerciaments, which in latin be called mulctae, be levied in 

anie of the saide courtes upon any man, or any arrerages of accountes of[11] 

the latins called reliqua, of such thinges as is of customes, taxes, 

subsidies or any other such occasions, the same the sherife of the shire 

doth gather and is respondent therefore in the exchecher. For[12] other 

ordinarie rentes of patrimoniall landes for the most part[13] for the taxes, 

customes, and subsidies, there be particular receivers and collectors which 

doe answere it in[14] the exchequer. The sherife hath under him an under 

sherife at his charge and appointment learned somewhat in the law, 

especially if he be not learned himselfe, and divers bailifes which be 

called errantes, whom he maketh at his pleasure, who can knowe ech lande and 

person in the shire, and their abilitie to goe uppon enquestes, either to 

streine[15] or to summon him to appeare whom the sherife shal appoint, and 

for this cause to the sherifes as to the minister most proper of the lawe 

the writtes be directed.



When any thing commeth to an issue of the deede or fact, there is a writ or 

writing directed to the sherife of the shire where the lande is, whereupon 

the controversie is, or where the man dwelleth of whome the money is 

demaunded, which writ is called venire facias, and is in this forme 

____.[16] Then after the same effect an alias, pluries or distringas 

according to the nature of the action.[17] And if for any disobedience of 

not comming and appearing there be a fine (which the latins doe call Mulcta) 

set upon any mans[18] head, the sherife is charged with it, and taketh the 

distresses which in latin be called Pignora, and answereth therefore to the 

exchequer. The sherife also is readie by himselfe or by his undersherife to 

serve aswell the Justices of peace in their quarter sessions as the Justices 

called Itinerantes in their great assises, when they come to[19] the shire, 

which is twise in the yeare, to dispatch and voide all[20 ]actions criminall 

and civil depending at the common law, and which be come nowe to the issue. 

He hath also the charge of all the prisoners committed to the prison which 

we call the gaole, and when any is condemned to die, it is his charge to see 

the sentence executed. To be short, he is as it were the generall minister 

and highest for execution of such commaundementes according to the lawe as 

the Judges do ordaine, and this is ynough for the sherife.







OF THE XIJ. MEN. 

Chap. 15.



Of what manner and order of men in the common welth the xij men be I have 

alreadie declared. The sherife alwaies warneth xxiiij to appeare, least 

peradventure any might be sicke or have a just cause of absence: and if 

there be not enowe to make an enquest, the absentes be amersed, according to 

the discretion of the judges.[1] For although they be called xij men as a 

man would say duodecim viri, yet if they be xvj, xx or the whole number of 

xxiv, that is no matter, xij they must be at the least to make an enquest or 

as some call it a quest. An enquest or quest is called this lawefull kinde 

of tryall by xij men. In actions civill which is either of contractes or for 

lande or possession when so many of those which be warned appeare at the 

call as be able to make an enquest, which as I saide before be no lesse then 

xii, either partie[2] when they be come taketh their exceptions[3] against 

so many of them as they will, which be that he may not spende so much lande 

a yeare, he is alied, feed, or servant to his adverse partie, he is his 

enemie &c. If iiii bee once allowed of both parties they four[4] doe trie 

and allowe or disallowe the rest. If after exceptions there be so many 

rejected that there is not a full enquest, in some cases that day is lost, 

in some the enquest is filled ex circumstantibus: when the quest is ful, 

they be sworne to declare the truth of that issue according to the evidence 

and their conscience. Then the Sergeantes of either side declare the issue, 

and each for his client sayth as much as he can. Evidences of writinges be 

shewed, witnesses be sworne, and heard before them, not after the fashion of 

the civill law but openly, that not only the xii, but the Judges, the 

parties and as many as be present may heare what ech witnesse doeth say: The 

adverse partie or his advocates which wee call counsellers and sergeants 

interrogateth sometime the witnesses, and driveth them out of countenance. 

Although this may seeme strange to our civillians nowe, yet who readeth 

Cicero and Quintillian well shall see there[5] was no other order or[6] 

maner of examining witnesses or deposing among the Romans in their time. 

When it is thought that it is enough pleaded before them, and the witnesses 

have saide what they can, one of the Judges with a briefe and pithie 

recapitulation reciteth to the xii in summe the argumentes of the sergeantes 

of either side, that which the witnesses have declared, and the chiefe 

pointes of the evidence shewed in writing, and once againe putteth them in 

minde of the issue, and sometime giveth it to them in writing, delivering to 

them the evidence which is shewed on either part, if any be, (evidence heere 

is called writings of contractes autentical after the manner of England, 

that is to say, written, sealed and delivered) and biddeth them goe 

together. Then there is a baylife charged with them to keepe them in a 

chamber not farre off without bread, drinke, light, or fire untill they be 

agreed, that is, till they all agree upon one verdite upon[7] the same 

issue, and of[8] one among them who shall speake for them all when they be 

agreed: for it goeth not by the most part, but each man must agree. They 

returne and in so fewe wordes as may be they give their determination: fewe 

I call vi or vii or viii wordes at the most (for commonly the issue is 

brought so narrow, that such number of words may be ynough to affirme or to 

denie it) which doone they are dismissed to goe whither they will. The 

partie with whom they have given their sentence, giveth the enquest their 

dinner that day most commonly, and this is all that they have for their 

labour, notwithstanding that they come some xx some xxx or xl miles or more, 

to the place where they give their verdite all, the rest is of their owne 

charge. And necessarilie the[9] whole xii must be of the shire and iiii of 

them of the hundred where the lande lyeth which is in controversie, or where 

the partie dwelleth who is the defendant.







OF PARTIES OF SHIRES CALLED HUNDREDS, LATHES, RAPES,

WAPENTAKES. 

Chap. 16.



An hundred, lath[1], rape, or wapentake be called of the divisions or partes 

of shires soe[2] in divers countries diversly named after the manner and 

language of each countrey. For the shires be divided some into x. xii. xiii. 

xvi. xx. or xxx. hundreds, more or lesse, either that they were at the first 

C. townes and villages in eche hundred: now[3] they be but xvi. xx. xxx. xl. 

1. lx. more or lesse, yet it is still called an hundred, or else there were 

but so many at the first as be nowe, or a fewe more or lesse, and those[4] 

did finde the king to his warres an hundred able men. Lath, and rape I take 

to be names of service, for that so many townes in old time, and in the 

first povertie of the Realme did meete together in one day to carrie the 

Lordes corne into his barne, which is called in olde English a Lath. Or that 

they mette at commaundement of the Lorde to reape his corne.



Wapentake I suppose came of the Danes or peradventure of the Saxons. For 

that so manie townes came by their orders then, to one place, where was 

taken a mouster of their armour and weapons, in which place from them that 

could not finde sufficient pledges for their good abearing, their weapons 

were taken away: weapen or wapen in olde English doe signifie all armes 

offensive, as sworde, dagger, spear, launce, bill, bowes, arrowes.



Of the place where the monsters were taken or where the saide services were 

doone, the hundreds, Lathes, Rapes, and wapentakes had and have yet their 

names, which be most commonly good townes, and it is to be thought at the 

first they were all soe.[5] But sometime nowe in places whereof the hundred 

hath the name, no mention nor memorie of a towne remaineth, such mutation 

time bringeth with it of all things. Ech[6] hundred hath one or two high 

Constables, who hath some authoritie over all the lower, and particular 

Constables. Those high Constables bee made by the Justices of the peace of 

the shire, and each hundred hath his baylife, who is made by the Lorde if 

any hath that libertie, or else by the sherife of the shire for the time 

being.







OF THE COURT BARON. 

Chap. 17.



It may appeare strange that of xxxvi shires, whereof each shire is divided 

into divers hundreds, each hundred contayneth[1] diverse parishes, all 

pleading should be but in one place, that is in Westminster hall, and that 

but in certaine times in[2] the yeare, making little more than one quarter 

of the yeare in the whole. And one would thinke that there should be much lacke of Justice and right, and much wrong taken without 

redresse. But it is not so: The people being accustomed to live in such an 

equalitie of Justice, and that in such sort that the rich hath no more 

advantage therein than the poore, the proces, and proceedinges to the 

judgement being so short, and judgementes also being peremptorie and without 

appellation: Yet to helpe for small matters, where no greate summe is in 

question there are other courtes. In everie shire from three weekes to 

three[3] weekes the sherife for small thinges not passing xl. s. and in 

certaine hundreds and liberties the baylie likewise from three weekes to 

three[3] weekes, of[4] his tennantes and amongest his tennantes a court 

called a court Baron. And there his tennantes being sworne make a Jurie 

which is not called the enquest, but the homage. These principallie doe 

enquire of the copie holders, and other free holders that be dead sith the 

last court, and bring in their heires, and next successours, and likewise of 

incrochment or intrusion of anie of the tennantes against the Lorde, or 

among themselves. They make orders and lawes amongest themselves, the paine 

of them if they be after broken, commeth to the Lorde. And if anie small 

matter be in controversie amongst them[5] it is put to them, and commonly 

they doe ende it. But these courtes can[6] serve rather for men which[7] can 

be content to be ordered by their neighbours, and which love their quiet and 

profit in their husbandrie, more than to be busie in the lawe. For whether 

partie soever will, may procure a writte of Westminster Hall to bring it 

thither.[8]



In cities and other great townes there be diverse liberties to holde plea 

for a bigger summe, who to such a quantitye doth[9] determine aswell as the 

common lawe, and after the same manner, and yet from[10] them, who[11] that 

will may bring it[12] to Westminster hall.



King Henrie the eight ordained first a president, Counsellers and Judges, 

one for Wales,[13] at[14] an other for the north parts of Englande at Yorke, 

where be manie causes determined. These two be as[15] Parliaments in 

Fraunce. But yet if the