To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
THat Samothes or Dis gaue the first Lawes vnto the Celtes (whose King∣dome he erected about the fiftéene of Nym∣brote) the testimonye of Berosus,* 1.1 is proofe suf∣ficient. For he not only affirmeth him to pub∣lish the same in the fourth of Ninus, but also addeth thereto, howe there lyued none in hys dayes of more excellent wisdome, nor polli∣tike
inuention then he, whereof he was na∣med Samothes, as some other doe affyrme. What his lawes were it is now altogyther vnknowne,* 1.2 as most things of thys age, but that they were altered againe at the cōming of Albion, no mā cā absolutly deny, sith new Lordes vse commonly to gyue newe lawes, and conquerours abolish such as were in vse before them.
The lyke also maye be affirmed of our Brute,* 1.3 notwythstanding that the certayne knowledge so well of the one as of the other is perished, & nothing worthy memory left of all theyr doyngs. Somewhat yet we haue of Mulmutius,* 1.4 who not only, subdued such prin∣ces as reigned in this land, but also brought the Realme to good order, that long before had béene torne wyth ciuill discorde. But where his lawes are to be found, and which they be from other mens, no man lyuing in these dayes is able to determine.
* 1.5Certes there was neuer Prince in Bry∣teyne, of whome his subiectes conceyued bet∣ter hope in the beginning, then of Bladudus, and yet I reade of none that made so ridicu∣lous an ende: in lyke sorte there hath not reigned any Monarche in thys Isle, whose wayes were more feared at ye first, thē those of Dunwallon, (king Henry the fift excep∣ted) & yet in the end he proued such a Prynce, as after hys death, there was in maner no subiecte, that did not lament his funerralles. And this only for his pollicy in gouernance, seuere administration of iustice, and proui∣dent framing of his lawes, and constituti∣ons. His people also coueting to continue his name vnto posterity, intituled those his ordi∣naunces according to theyr maker, callyng them by the name of the lawes of Mulmuti∣us, which indured in execution among the Brytons, so long as our homelynges had the dominiō of this Isle. Afterward when the Saxons had once obteyned the superioritie of the kingdome, the maiestie of these laws fell for a time into such decaye, that although non penitus cecidit, tamen potuit cecidisse videri, as Leland sayth, and the lawes them∣selues had vtterlye perished in deede at the very first brunt had they not béene preserued in wales, where they remayned amongst the reliques of the Brytons, and not onely vntil the comming of the Normans, but euen vn∣till the time of Edwarde the first, who obtei∣ning the souereinty of that portion, indeuou∣red to extinguishe those of Mulmutius, and to establishe his owne.
But as the Saxōs at their first arriuall did what they coulde to abolishe the Bryttishe lawes, so in processe of time they yéelded a li∣tle to relent and not so much to abhorre 〈◊〉〈◊〉 mislike of the lawes of Mulmutius, as to 〈◊〉〈◊〉 receyue and embrace the same, especially at such time as the Saxon princes entered in∣to amitie with the Brittish Princes, and af∣ter that ioyne in matrimonie, with the Bry∣tishe Ladyes. Hereof also it came to passe in the ende, that they were contented to make a choise and insert no small •…•…n•…•…rs of them into their own volumes, as may•••• gathered by those of Atherbert ye great sur∣named king of Kent, Inas & Alfrede, kinges of the west Saxons, and diuers other yet ex∣tant to be séene. Such also was the lateward estimation of them, that when anye of the Saxon Princes went aboute to make anye newe lawes, they caused those of Mulmutius which Gildas sometime translated into La∣tine, to be expounded vnto them, and in thys perusall if they founde anye there alreadye framed, that might serue their turnes, they foorthwith reuiued the same, and annexed them to their owne. But in this dealing, the diligence of Alfrede is most of all to bée commended, who not onelye choose out the best, but gathered togither all such whatso∣euer the sayde Mulmutius had made: & then to the ende they shoulde lye no more in cor∣ners as forlorne bookes and vnknowne, he caused them to be turned into the Saxon tongue, wherein they continued long after hys decease. As for the Normans, who nei∣ther regarded the Brittish, nor cared for the Saxon lawes, they also at the first vtterlye misliked of thē, till at the last when they had well weighed that one kinde of regiment is not cōuenient for al peoples, & that no stran∣ger beyng in a forriene Countrey newely brought vnder obedience, coulde make such equall ordinaunces, as he might thereby go∣uerne his new cōmon wealth without some care of trouble: they fell in so wyth a desire to sée by what rule the estate of the land was gouerned in time of the Saxons, that hauing perused the same, they not onely commended their maner of regiment, but also admitted a great part of their lawes, (nowe currant vnder the name of S. Edwardes lawes, and vsed as principles and groundes) whereby they not onely qualified the rygor of theyr owne, and mittigated their almost intollera∣ble burden of seruitude which they had late∣ly layde vpon the shoulders of the English, but also left vs a great number of Mulmu∣tin lawes, wherof the most part are in vse to thys daye as I sayde, albeit that we knowe not certeinly howe to distinguish them from other, that are in strength amongst vs.
After Dunwallon, the next lawe gyuer
was Martia whome Lelande surnameth Proba,* 1.6 & after him Iohn bale also, who in hys Centuries doth iustely confesse himselfe to haue béene holpen by the sayde Leland, as I my selfe doe likewise for many thinges con∣teined in thys treatize. Shée was wyfe vnto Gutteline king of ye Brytons: & being made protrectrix of the realme, after hyr husbands decease in the nonage of hyr sonne, and sée∣ing many thinges daily to growe vp among hir people worthy reformation, shée deui∣sed sundry and those very pollitike lawes, for the gouernaunce of hyr kingdome, which hir subiectes when shée was deade and gone, did name the Mertian statutes. Who turned them into latine, as yet I doe not read, how∣beit as I said before of the lawes of Mulmu∣tius, so the same Alfrede caused those of thys excellently well learned Lady (whome dy∣uers cōmende also for hir great knowledge, in the Gréeke tong) to bée turned into hys owne language, wherevpon it came to passe that they were dailye executed among hys subiectes, afterwarde allowed of (among the rest) by the Normans, and finally remaine in vse in these dayes, notwithstanding that we can not disseuer them very redily from the other.
The 7. alteratiō of lawes was practised by the Saxons, for I ouerpasse the lawes made by the Romaines, whose order do partly re∣maine in publike notice, vnder ye names of the mercian,* 1.7 and the Saxon Lawe. Beside these also I reade of the Danelawe, so that the people of middle england, were ruled by the first, the west Saxons by the seconde, as Essex, Norffolke, Suffolke, Cambridgshire, and part of Herford shyre, were by the third, of al the rest the most inequal & intollerable. Among other things also vsed in the time of ye Saxons, it shal not be amysse to set downe the forme of their Ordalian law, which they brought hither with them from beyonde the Seas, and vsed onely in the tryall of giltye and vngiltinesse. Certes it conteyned not an ordinary procéeding by dayes and termes, as in the Ciuile and common lawe we sée practised in these dayes but a shorte dispatch and tryall of the matter, by fyre, or water, whereof at this present I wil deliuer the cir∣cumstance, as I haue faithfully translated it out of an auncient volume, and conferred wyth a prynted coppie, lately published by M. Lambert, nowe extaunt to be redde.
The Ordalian saith the aforesayd authour, was a certaine maner of purgation vsed two wayes, whereof the one was by fire, the other by water. In thexecution of that which was done by fire, the party accused shoulde go a certaine number of paces, with an hote péece of yron in his hande, or else bare footed vpon certaine plough shares, redde hotte, ac∣cording to the maner. This Iron was some∣time of one pounde weight, and then was it called single Ordalium, sometimes of three, & then named treble, Ordalium, and whosoe∣uer did beare or treade on the same without hurt of his body, he was adiudged giltlesse, otherwyse if his skin were scorched, he was foorthwith condemned as gylty of the tres∣passe wherof he was accused.
There were in lyke sorte two kinds of tri∣all by ye water, that is to say, either by hote, or colde: & in this tryall the partye thought culpeable, was eyther tumbled into some pond, or huge vessel of colde water, wherein if he continued for a season, without wrest∣ling or strugling for lyfe, he was foorthwyth acquited as giltlesse of the facte whereof hée was accused: but if he beganne to plunge, & labor once for breath immediately vpon his falling into that lyqour, he was by and by condemned, as gilty of the crime. Or else he did thurst his arme vp to the shoulder into a leade, copper, or Caldron of séething water, from whence if he withdrewe the same with∣out any maner of damage, he was dischar∣ged of farder molestation: otherwyse hée was taken for a trespasser, and punished ac∣cordingly. The fiery maner of purgation be∣longed onely to noble men and women, and such as were frée borne, but the husbandmen and villaines, were tryed by water, whereof to shewe the vnlearned dealing and blynde ignoraunce of those times, it shall not bée impertiment to set foorth the whole maner, which continued here in England vntill the time of King Iohn, who séeyng the manifold subtilties in the same, did extinguish it alto∣gither as flat lewdenesse and bouerye. The Rubrik of ye treatize entereth thus. Here be∣ginneth ye execution of Iustice, whereby the giltie or vngiltie are tried by hote Iron. Thē it followeth. After accusatiō lawfully made, and thrée dayes spent in fasting and prayer, the Priest being cladde in all his holly ve∣st•…•…es, sauing his vestiment, shall take the Iron layde before the alter with a payre of tongues, and singing the himme of the thrée children, that is to saye, O all yée wookes of God the Lorde, and in latine Benedicite om∣nia opera, &c. he shall cary it solemly to ye fire (already made for ye purpose) & first say these words ouer the place where ye fire is kindled wherby this purgation shall bée made in la∣tin as insueth Benedic domine deus locum, is∣tum vt sit nobis in eo sanitas, sanctitas, castitas, virt{us} et victoria, et sanctimonia, humilitas, bo∣nitas,
lenitas, et plenitudo Legis, et obediētia deo patri et filio etspiritui sancto, Hec Be∣nedictio, sit super hunc locum, et super omnes habitantes in eo, in English: Blesse thou O Lorde this place that it may be to vs health holynesse, chastity, vertue, and victory, pure∣nesse, humilitie, goodnesse, gentlenesse, and fulnesse of the lawe, and obedience to God the father, the sonne, & the holy ghost. This blessing be vpon this place, and all that dwel in it. Then followeth the blessing of the fire. Domine deus, pater omnipotens lumen inde∣ficiens, exaudi nos, quia tu es conditor, omni∣um luminum. Benedic domine hoc lumen, quod aute sanctificatum est, qui illuminasti omnē hominem, venientem in hunc mundū, (vel mundum) vt ab eo lumine accedamur igne claritatis tuae, & sicut igne illuminasti, Mosen, ita nunc illumina corda nostra, et sen∣sus nostros, vt ad vitam eternam, mereamur peruenire, per christum. &c. Lord God father almightie, light euerlasting, heare vs, sith yu art the maker of all lyghtes. Blesse O Lord this light, yt is already sanctified in thy sight, which hast lightned all men that come into the worlde, (or the whole worlde) to the ende that by the same lyght, we may be lightned wyth the shining of thy brightnesse. As thou diddest lighten Moyses, so nowe illuminate our hearts, and our senses, that we may de∣serue to come to euerlasting lyfe, thorowe Christ our &c. Thys beyng ended let him saye the pater noster. &c. then these wordes. Sal∣uum fac seruum &c. Mitte ei auxilium deus. &c. De Sion tuere eum. &c. Dominus vobiscū. &c, that is. O Lorde saue thy seruant, &c. Sende him helpe O God frō thy holy place defende him out of Syon. &c. Lorde here. &c. The Lorde be with you. &c.
The prayer. Benedic domine sancte pater omnipotens deus, per inuocationem sanctis∣simi nominis tui, et per aduentum fihj tui, at∣{que} per donum spiritus paracleti, ad manifestā∣dum verum iudicium tuum, hoc genus metal∣li, vt sit sanctificatum, et omni demonum fal∣sitate procul remota, veritas veri iudicij tui fi∣delibus tuis manifesta fiat, per eundem domi∣num. &c. in Englishe. Blesse we beséech thée O Lorde, holy father, euerlasting God▪ tho∣rowe the inuocation of thy most holy name, by the comming of thy sonne, and gyft of the holy ghost, and to the manifestation of thy true iudgement, this kinde of mettall, that being hallowed, and all fraudulent practises of the deuils vtterly remooued, the manifest truth of thy true iudgement, maye be reuea∣led, by the same Lorde Iesus &c.
After this let the yron be layde into the fyre, and sprinckled with holy water, and whilest it hea∣teth, let the Priest go to masse, and doe as order re∣quireth, and when he hath receiued the host, he s•…•…d, call the man that is to be purged (as it is written hereafter) first adiuring him, and then permitting hym to communicate according to the maner.
The Office of the masse.
Iustus es domine, &c. O Lord thou art iust. &c.
The Prayer.
ABsolue quesumus domine delicta famu•…•…∣li tui, vt a peccatorum suonim nexibus quae pro sua fragilitate contraxit, tua benig∣nitate liberetur, & in hoc iudicio quoad me∣ruit iustitia tua praeueniente, ad veritatis ce•…•…∣suram peruenire mereatur. per Christum do∣minum. &c.That is▪
Pardon wée beséech thée O Lorde, the sinnes of thy seruaunt, that be∣ing deliuered from the burden of his offen∣ces, wherewith he is intangled, he may be cleared by thy benignitie, and in thys hys tryal (so farre as he hath deserued, thy mercy preuenting him) he maye come to the know∣ledge of the truth, by christ our Lorde. &c.
The Gospell. Mar. 10.
IN illo tēpore, cum egressus esset Iesus in via, procurrens quidā genu flexo ante eum, ro∣gabat eum dicens, Magister bone, quid faciam vt vitam eternam percipia. Iesus autem dixit ei, quid me dicis bonum? &c.
In those dayes when Iesus went foorth towarde hys iour∣ney, & one méeting in him the way running•…•… & knéeling vnto him, asked him saying, God Maister what shal I doe that I may possesse eternall lyfe. Iesus sayd vnto him, why cal∣lest yu me good. &c.Then followeth the secrete and so foorth all of the rest of the masse. But be∣fore the partye doth communicate, the Pryest shall vse these wordes vnto hym.
Adiuro 〈◊〉〈◊〉 per patrem, & filium, & spiritum sanctum, & per veram christianitatem quam suscepisti, & per sanctas relliquias quae in ista eeclesiasu•…•… & per baptismum quo te sacerdos regenera•…•… vt non presumas vllo modo communi•…•…a•…•… neque accedere ad altare, si hoc fecisti aut cō∣sensisti &c.
I adiure thee by the Father the sonne and the holy Ghost, by the true christen¦dome which thou hast receyued, by the holly relliques which are in this Church, and 〈◊〉〈◊〉 the baptisme, wherewith the Priest hath re∣generated thée, that thou presume not by a∣ny maner of meanes, to communicate, nor come about the aultar, if thou hast done or consented vnto thys, whereof thou art accu∣sed. &c.Here let the Priest suffer him to com∣municate, saying.
Corpus hoc, & sanguis do∣mini nostri Iesu Christi, sit tibi ad probatiou•…•… hodie.* 1.8 This body & this bloud of our Lord Iesus Christ, be vnto thée a tryall this daye▪
The prayer.
Perceptis domine deus noster sacris muneribus, supplices deprecamur, vt huius participatio sacramenti a proprijs nos reatibus expediat, & in famulo tuo veritatis sententiam declaret. &c.Hauing receaued O Lord God these holy misteries, we humbly beséeche thée that the participation of thys sacrament, maye rydde vs of our guilty∣nesse, and in this thy seruaunt set foorth the truth.Then shall followe Kyrieleson, the Leta∣nye, and certayne Psalmes, and after all them
Oremus, Let vs praye, Deus qui per ignem signa magna ostendens Abraham puerum tu∣um de incendio Chaldeorum quibusdam pe∣reuntibus eruisti, Deus qui rubum ardere an∣te conspectum Moysis & minime comburi permisisti. Deus qui de incēdio fornacis Chal∣daicis plerisque succensis, tres pueros tuos il∣lesos eduxisti. Deus qui incendio ignis popu∣lum Sodomae inuoluens, Loth famulum tuū cum suis salute donasti, Deus qui in aduentu sancti spiritus tui, illustratione ignis fideles tuos ab infidelibus decreuisti. Ostēde nobis in hoc prauitatis nostrae examine virtutē eius∣dem spiritus &c. Et per ignis huius feruorem discernere infideles, vt a tactu eius cui{us} inquisi∣tio agitur, conscius exhorrescat, & manus e∣ius comburatur, innocens vero poenitus illae∣sus permaneat, &c. Deus cuius noticiam nul∣la vnquam secreta effugiunt, fidei nostrae tua bonitate responde, & presta vt quisquis pur∣gandi se gratia, hoc ignitum tulerit ferrum, vel absoluatur vt innocens vel noxius detega∣tur. &c. in Englishe thus. O God which in showing great tokens by fire diddest deliuer Abraham thy seruaunt frō the burnyng of ye Chaldeis, whilest other perished. O god whi∣che susseredst the bushe to burne, in ye sight of Moyses, & yet not to consume. O God which deliueredst the thrée childrē frō bodily harme in the Fornace of the Chaldies, whilest dy∣uers were consumed. O God which by fyre diddest wrap the people of Sodome in their destruction, and yet sauedst Lot & his daugh∣ters from peryll. O God which by the shy∣ning of thy brighnesse at the comming of the holly ghost in likewyse of fire, diddest sepe∣rate the faithfull, from such as beléeued not: shew vnto vs in ye tryall of this our wicked∣nesse, the power of the same spirit. &c. And by ye heate of this fire descer•…•…e the faithful from the vnfaithfull, that the giltie whose cause is nowe in tryall, by touching thereof, maye tremble and feare, and his hande be burned, or beyng innocent, that he maye remaine in safety. &c. O God frō whom no secretes are hidden, let thy goodnes answere to our faith, & graunt that whosoeuer in thys purgation, shall touch and beare thys Iron, may either be tryed an innocent, or reuealed as an offē∣der. &c.After this the Priest shall sprynckle the Iron wyth Holly water, saying.
The blessing of God, the Father, the Sonne, and the Ho∣ly ghost, be vpon this Iron, to the reuelation of the iust iudgement of God.And foorthwith lette hym that is accused, beare it by the length of nyne foote, and then lette his hande be wrap∣ped and sealed vppe for the space of three dayes, after thys yf anye corruption or rawe fleshe ap∣peare where the Iron touched it, lette him be con∣demned as guiltie: yf it be whole and sounde, let hym giue thankes to God. And thus much of the fierye Ordalia, wherevnto that of the water hath so precyse relation▪ that in set∣ting foorth of the one, I haue also described the other, wherefore it shall be but in vaine, to deale any farder withall. Hetherto also as I thinke, sufficiently of such lawes as were in vse before the conquest. Nowe it resteth that I should declare the order of those, that haue béene made sith the comming of the Normās, but for asmuch as I am no lawier, & therfore haue but lyttle skyll to procéede in the same accordingly, it shall suffice to set downe some generall dyscourse of such as are vsed in our daies, and so much as I haue gathered by report and common here saye. We haue therfore in Englād sundry lawes, and first of all the ciuile, vsed in the chaunce∣ry, admiraltie, and dyuers other courtes, in some of which, the seuere rygor of Iustice is often so mittigated by conscience, that dyuers thinges are thereby made easie and tollerable, whyche otherwyse woulde ap∣peare to be méere iniurye and extremity. We haue also a great part of the Cannon lawe daily practised among vs, especially in cases of tithes, contracts of matrimony, and such lyke, as are vsually to be séene in the consistories of our Bishoppes, where the ex∣ercyse of the same is verye hotely follow∣ed. The third sorte of lawes, that we follow, are our owne, and those alwaies so variable, and subiect to alteration and change, that oft in one age, diuers iudgementes doe passe vpon one maner of casse, wherby the saying of the Poet
Tempora mutantur, & nos mutamur in illis.maye very well be applyed vnto such as be∣yng vrged with these wordes in such a yeare of the Prince this opinion was taken for sounde lawe, doe aunswere nothing else, but that the iudgement of our lawyers is nowe altered, so that they saye farre otherwyse. The regiment that we haue therefore after our owne ordinaunces dependeth vpon Sta∣tute lawe, Common law, Customary law, & Prescription.
* 1.9The first is deliuered vnto vs by Parlia∣ment, which court is the highest of all other, and consisteth of thrée seuerall sortes of peo∣ple, that is to say, the Nobility, Clergy, and commons of thys Realme, and there to is not somoned, but vppon vrgent occasion when the prince doth sée his time, and that by seueral writtes, dated commonly ful sixe wéekes before it begin to be holden. Such lawes as are agréed vpō in the higher house by the Lordes spirituall and temporall, and in the lower house by the commons and bo∣dye of the realme, (wherof the conuocation of the cleargy holden in Powles is a mem∣ber,) there speaking by the mouth of the knights of the shire and burgesses, remaine in the ende to be confirmed by the Prince, who commonly resorteth thither vppon the first and laste daies of thys court, there to vnderstande what is done, & giue his royall consent to such estatutes as him lyketh of. Comming therefore thither into the higher house, and hauing taken his throne, the spea∣ker of the Parliament (for one is alwayes appoynted to go betwéene the houses, as an indifferent mouth for both) readeth openlye the matters there determined by the sayde thrée estates, and then craueth the Princes consent and confirmation to the same.
The king hauing heard the somme & prin∣cipall pointes of each estatute briefly recited vnto him, aunswereth in French with great deliberation vnto such as he lyketh, (Il nous plaist) but to the rest Il ne plaist, whereby the latter are vtterly made voyde and frustrate. That also which his Maiestie liketh of, is e∣uer after holden for law, except it be repealed in any the lyke assembly. The number of the commons assembled in the lower house, be∣side the clergie cōsisteth of ninetie Knights. For eache shyre of England hath twoo gen∣tlemen or knights of greatest wisedome and reputation chosen out of the bodye of the same for that only purpose, sauing that for wales one only is supposed sufficient in eue∣rie countie, whereby the number afore men∣tioned is made vp. There are likewyse four∣tie and sixe Citizens, 289. Burgeses, and fourtéene Barons, so that the whole assem∣bly of the layetie of the lower house, cōsisteth of foure hundred thirtie and nine persons, if the iust number be supplyed. Of the lawes here made lykewyse some are penall and re∣straine the common lawe, and some againe are founde to inlarge the same. The one sort of these also are for the most part takē strict∣lye according to the letter, the other more largely and beneficially after their intende∣ment and meaning.
The Common Lawe standeth vppon Sundrye Maximes or Princyples,* 1.10 and yeares or tearmes, which doe conteine such cases as by great studye and solemne argu∣ment of the iudges, and thereto the déepest reach & foundations of reason, are ruled and adiudged for lawe. Certes these cases are o∣therwise called plées or actiōs, wherof there are two sortes the one criminall & the other ciuile. The meanes & messengers also to de∣termine those causes are our writtes, wher∣of there are some Originall and some Iudi∣ciall. The parties plaintife and defendant when they appeare procéede (if the case do so require) by plaint or declaration, aunswere, replication and reioynder, and so to issue, the one side affirmatiuely, the other negatiuely. Our trialles, and recoueries are eyther by verdict and demourre, confession or default, wherein if any negligence or trespasse hath béene committed, eyther in processe & forme, or in matter & iudgement, the partie grieued may haue a writte of errour to vndoe ye same but not in the same court where the former iudgement was giuen.* 1.11 Customarie law con∣sisteth of certaine laudable customes vsed in some priuate country, entended first to be∣ginne vppon good and reasonable considera∣tions, as gauell kinde which is all the male children to inherite, & cōtinued to this day in Kent: or Burrow kinde where the yongest is preferred before the eldest, which is the custome of many countries of this region, & so forth of such like to be learned else where.
Prescription is a certayne custome,* 1.12 which hath continued time out of minde, but it is more particular then customarie lawe, as where onely a parish or some priuate person doth prescribe to haue common, or a way, in another mans soyle, or tithes to be payde af∣ter this or that maner, I meane otherwyse then the common course & order of the lawe requyreth, whereof let thys suffice at thys tyme, in stéede of a larger discourse of our owne lawes, least I shoulde séeme to enter farre into that whereof I haue no skill. For what hath the meditation of the lawe of God to doe with any precise knowledge of the law of man, sith they are seuerall trades and in∣cident to diuers persons. There are also sun∣drie vsuall courtes holdē once in euery quar∣ter of the yeare, which we commonlye call tearmes of the latin worde Terminus,* 1.13 wher∣in all cōtrouersies are determined, that hap∣pen within the Quéenes dominions. These are commonly holden at London except vpō some great occasion they be transferred to o∣ther places, at what times also they are kept the table insuing shal easily declare. Finally
howe well they are followed by sutet•…•… the great welth of our lawiers without any tra∣ueyle of mine can easily 〈…〉〈…〉. This fur∣thermore is to be noted▪ that albeit the prin∣ces heretofore reigning in this lande 〈◊〉〈◊〉 •…•…e∣rected sundry courtes especially of the th•…•…∣•…•…erie at Yorke and Lu•…•… the case of poore men dwelling in 〈…〉〈…〉, yet will the poorest (of all 〈…〉〈…〉 most con∣tencious) refuse to haue his cause hearde so néere home, but indeuoureth rather 〈…〉〈…〉 vtter vndooing to trauelle vpon Londō, th•…•… king there soonest to pr•…•… against his ad∣uersary, though his 〈…〉〈…〉 so doubtful. But in this toye 〈…〉〈…〉 •…•…oe exc•…•… of all that euer I hearde, for 〈◊〉〈◊〉 shall here & there haue some one adde poore Dauid of the giuen so much to contention and strife, that without all respect of charges he will vp to London, though he go bare legged by the waye, and carye his hosen on his necke (to saue theyr féete from 〈…〉〈…〉) bycause he hath no chaunge. When he commeth there also he will make such importunate begging of his countreymē, and hard shift otherwise, that he will sometymes carye downe sixe or seuen writtes in his purse, wherwith to mo∣lest his neighbour, though the greatest quar∣rell be scarsely woorth the price that he payd for any one of thē. But ynough of this leas•…•… in reuealing the superfluous follye of a fewe brablers in this behalfe, I bring no good wil to my selfe amongst the wysest of that natiō. Certes it is a lamentable case to sée further∣more how a number of poore men are dayly abused and vtterly vndone, by sundrie var∣lets that go about the countrey as brokers betwéene the petty foggers of the lawe,* 1.14 and the common people, onely to kyndle coales of contention, wherby the one side may reape commodity and the other be put to traueyle. But of all that euer I knew in Essex, Denis and Mainford excelled, till Iohn of Ludlow aliâs Mason came in place, vnto whome in comparison they two were but children and babes, for he in lesse thē thrée or foure yeres, did bring one man (among many else where in other places almost to extréeme misery, (if beggery be the vttermost) who before hée had the shauing of his bearde, was valued at two hundred pounde (I speake with the lest) who finally féeling that he had not sufficent wherwith to susteine himself, & his familie, & also to satisfie that gréedie rauenour, that stil called vpon him for new fées, he went to bed and within foure dayes made an ende of hys wofull life, euen with care & pensiuenesse. Af∣ter his death also he so hādled his sonne, that there was neuer shéepe shorne in Maie, so néere clypped of hys •…•…ée•…•…e present, as hée was of manye to come, so that he was com∣pelled to let away his lease land, because his cattell and stocke were consumed, and he no longer able to occupie the ground. But here∣of let this suffise, 〈◊〉〈◊〉 •…•…stée•…•…e of these enor∣mities, two tables shall 〈◊〉〈◊〉, whereof the first shall containe the names of the Coun∣tyes, Cities, Borowes and Portes, which send knightes, Burgeses and Barons to the Parliament house, the other an 〈◊〉〈◊〉 report of the beginnings and endes of tearme with their returnes, according to the maner, as I haue borrowed them 〈◊〉〈◊〉 my friende Iohn Stow, whyche this impression was in hande.
HIllary terme beginneth the xx•…•…ij. day of Ianuary, if it be not Sunday, otherwise the next daye after, & endeth the twelfth of February, and hath foure returnes.
¶ Easter terme beginneth xvij. daies after Easter, and endeth foure dayes after the as∣cention day, and hath fiue returnes.
¶ Trinitie terme beginneth the next daye after Corpus Christi daye, and endeth the wednesdaye fortnight after, and hath foure returnes.
¶ Michelmas terme beginneth the ix. of October if it be not Sunday, and endeth the xxviij. of Nouember, and hath viij. returnes
Note also that the Eschequer openeth eight dayes before any terme begin, except Trinitie terme, which openeth but foure dayes before.
¶ And nowe followeth the lawe dayes in the court of Tharches, and audience of Can∣terbury, with other Ecclesiasticall & Ciuill lawes, through the whole yeare.
These dayes are not chaunged excepte they lyght on a Sunday or holy daye, and e∣uery daye is called a lawday, vnlesse it bée Sunday or holyday.
¶ It is to be noted that the first day follow∣ing euery of these feastes noted in euery terme, the court of the Arche•…•… is kept in Bowe church in the forenoone▪ And the same first daye in the afternoone i•…•… the Admyralty Court for Ciuill causes kept in South∣warke.
The seconde daye followyng euery one of the sayde feastes, the court of Audience of Caunterburye is kept in the Consistory in Paules in the forenoone. And the same daye in the after no•…•…ne, in the same place is the Prerogatiue court of Caunterbury holden.
The thirde daye after any such feast in the forenoone, the consistory court of the Bishop of London is kept in Paules Church in the consistory, and the same thirde daye in the afternoone is the court of the Delegates and of the Quéenes highnesse Commissyoners vpon appeales kept in the same place.
Note that the foure first dayes of thys terme be certain and vnchanged. The other are altered after the course of the yere, and sometime kept and somtime omitted. For if it so happen that one of those feastes fall on wednesdaye cōmonly called Ashwednesday, after the day of S. Blase (so that ye same law day after Ashwednesday cannot bée kept by∣cause the lawday of thother feast doth lyght on the same) then the seconde law day after Ashwednesday shall be kept, and the other o∣mitted. And if the lawday after that wednes∣day be ye next daye after the feast of s. Blase, then shall all & euery those court daies be ob∣serued in order, as they may be kept cōueni∣ently. And marke although that Ashwednes∣day be put the seauenth in order, yet it hath no certaine place, but is chaunged as the course of Easter causeth it,
¶ In thys terme the first sitting is al∣waye kept the Munday beyng the 15. day af∣ter Easter, and so foorth after the feasts here
noted, which next followe by course of the yeare after Easter. And the lyke space be∣ing kept betwéene other feastes.
The rest of the lawe dayes are kept to the thirde of the Ascention, which is the last day of this terme. And if it happen that the feast of ye Ascention of our Lord, doe come before any of the feastes aforesayde, then they are omytted for that yeare. And lykewise if anye of those dayes come before the xv. of Easter those dayes are omitted also.
¶ Note that the lawedayes of this tearme are altered by meane of Whitsuntyde, & the first sitting is kept alwayes on the first law daye after the feast of the holy Trinitie, and the seconde session is kept the first lawe daye after Corpus Christi, except Corpus christi daye fall on some daye aforenamed: which chaunceth sometime, and then the fitter daye is kept. And after the second session account foure dayes or thereabout, and then looke which is the next feast daye, and the fyrst lawe daye after the sayde feast, shall bée the thirde session. The other lawe dayes followe in order, but so many of them are kept, as for the time of the yere shalbe thought méete.
¶ And note generally that euery day is cal∣led a lawe daye that is not Sundaye or holly daye: and that if the feast day being knowne of any court day in any terme, the first or se∣conde daye followyng be Sundaye, then the court daye is kept the daye after the sayd ho∣ly daye or feast.
Samo∣thes.
Albion.
Brute.
Mulmutius
The praise of Dun∣wallon.
•…•…ia.
•…•…ercian 〈◊〉〈◊〉. •…•…xon 〈◊〉〈◊〉. •…•…ne law.
The•…•… yet 〈◊〉〈◊〉
Parlia∣ment law.
Common Lawe▪
Custo•…•… La•…•…
Prescrip•…•…∣tion.
Ter•…•….
Thrée Varlettes worthie to be chroni∣cled.