Into how manie shires the said Alfred did first make this partition of

the Iland, it is not yet found out; howbeit if my coniecture be anie

thing at all, I suppose that he left not vnder eight and thirtie, sith

we find by no good author, that aboue fifteene haue beene added by

anie of his successours, since the time of his decease. This prince

[Sidenote: Shire and share all one.]

therefore hauing made the generall partition of his kingdome into

shires, or shares, he diuided againe the same into lathes, as lathes

into hundreds, and hundreds into tithings, or denaries, as diuers haue

written; and maister Lambert following their authorities, hath also

giuen out, saieng almost after this maner in his description of Kent;

"The Danes (saith he) both before, & in the time of king Alfred, had

flocked by the sea coasts of this Iland in great numbers, sometimes

wasting and spoiling with sword and fire, wheresoeuer they might

arriue, and somtime taking great booties with them to their ships,

[Sidenote: Englishmen noisome to their owne countrie.]

without dooing anie further hurt or damage to the countrie. This

inconuenience continuing for manie yéeres togither, caused our

husbandmen to abandon their tillage, and gaue occasion and hardinesse

to euill disposed persons, to fall to the like pillage, as practising

to follow the Danes in these their thefts and robberies. And the

better to cloake their mischeefe withall, they feigned themselues to

be Danish pirats, and would sometime come a land in one port, and

sometime in another, driuing dailie great spoiles (as the Danes had

doone) vnto their ships before them. The good king Alfred therefore

(who had maruellouslie trauelled in repelling the barbarous Danes)

espieng this outrage, and thinking it no lesse the part of a politike

prince, to root out the noisome subiect, than to hold out the forren

aduersarie: by the aduise of his nobilitie, and the example of Moses

(who followed the counsell of Iethro his father in law to the like

effect) diuided the whole realme into certeine parts or sections,

which (of the Saxon word Schyran, signifieng to cut) he termed shires,

or as we yet speake, shares, or portions, of which some one hath

fortie miles in length (as Essex) and almost so manie broad, Hereford

foure & twentie in length, and twentie in breadth, and Warwike six and

thirtie in length, &c: and some of them also conteine ten, twelue,

thirteene, sixtéene, twentie, or thirtie hundreds, more or lesse, as

some hundreds doo sixteene, twentie, thirtie, fortie, fiftie or sixtie

townes, out of which the king was alwaies to receiue an hundred able

men to serue him in the warres, or a hundred men able to be pledges,

[Sidenote: Earle and alderman.]

and ouer each of the portions he appointed either an earle or

alderman, or both, to whome he committed the gouernement of the same.

These shires also he brake into lesser parts, whereof some were called

lathes, of the word Gelathian, which is to assemble togither; other

hundreds, for that they enioied iurisdiction ouer an hundred pledges;

and other tithings, bicause there were in each of them to the number

of ten persons, whereof euerie one from time to time was suertie for

others good abearing. He prouided also that euerie man should procure

himselfe to be receiued into some tithing, to the end, that if anie

were found of so small and base a credit, that no man would become

pledge or suertie for him, he should forthwith be committed to prison,

least otherwise he might happen to doo more harme abroad. Hitherto

master Lambert." By whose words we may gather verie much of the state

of this Iland in the time of Alfred, whose institution continued after

a sort vntill the comming of the Normans, who changed the gouernement

of the realme in such wise (by bringing in of new officers and

offices, after the maner of their countries) that verie little of the

old regiment remained more than the bare names of some officers

(except peraduenture in Kent) so that in these daies it is hard to set

downe anie great certeintie of things as they stood in Alfreds time,

more than is remembred and touched at this present.

[Sidenote: What a lath is.]

Some as it were roming or rouing at the name Lath, doo saie that it is

deriued of a barne, which is called in old English a lath, as they

coniecture. From which spéech in like sort some deriue the word

Laistow, as if it should be trulie written Lath stow, a place wherein

to laie vp or laie on things, of whatsoeuer condition. But hereof as

yet I cannot absolutelie be satisfied, although peraduenture some

likelihood in their iudgements may séeme to be therein. Other vpon

some further consideration affirme that they were certeine circuits in

euerie countie or shire conteining an appointed number of townes,

whose inhabitants alwaies assembled to know and vnderstand of matters

touching their portions, in to some one appointed place or other

within their limits, especiallie whilest the causes were such as

required not the aid or assistance of the whole countie. Of these

[Sidenote: Léetes.]

lathes also (as they saie) some shires had more, some lesse, as they

were of greatnesse. (And M. Lambert séemeth to be of the opinion, that

the leets of our time wherein these pledges be yet called Franci

plegij of the word Free burgh) doo yeeld some shadow of that politike

institution of Alfred. But sith my skill is so small in these cases

that I dare not iudge anie thing at all as of mine owne knowledge, I

will not set downe anie thing more than I read, least I should roue at

randon in our obscure antiquities, and reading no more of lathes my

next talke shall be of hundreds.

[Sidenote: Hundred or wapentake.]

The hundred and the wapentake is all one, as I read in some, and by

this diuision not a name appertinent to a set number of townes (for

then all hundreds should be of equall quantitie) but a limited

iurisdiction, within the compasse whereof were an hundred persons

[Sidenote: Denarie or tithing.]

called pledges (as I said) or ten denaries, or tithings of men, of

which ech one was bound for others good abering, and laudable

behauiour in the common-wealth of the realme. The chiefe man likewise

of euerie denarie or tithing was in those daies called a tithing man,

[Sidenote: Tithing man in Latine Decurio Borsholder.]

in Latine Decurio, but now in most places a borsholder or burgholder,

[Sidenote: Burrow.]

as in Kent; where euerie tithing is moreouer named a burgh or burrow,

although that in the West countrie he be still called a tithing man,

and his circuit a tithing, as I haue heard at large. I read

furthermore (and it is partlie afore noted) that the said Alfred

caused ech man of frée condition (for the better maintenance of his

peace) to be ascribed into some hundred by placing himselfe in one

denarie or other, where he might alwais haue such as should sweare or

saie vpon their certeine knowledge for his honest behauiour and ciuill

conuersation if it should happen at anie time, that his credit should

come in question. In like sort I gather out of Leland and other, that

if anie small matter did fall out worthie to be discussed, the tithing

man or borsholder (now officers, at the commandement of the high

constable of which euerie hundred hath one at the least) should decide

the same in their léetes, whereas the great causes were referred to

the hundreds, the greater to the lathes, and the greatest of all to

the shire daies, where the earles or aldermen did set themselues, &

make finall ends of the same, according vnto iustice. For this purpose

[Sidenote: Twelue men.]

likewise in euerie hundred were twelue men chosen of good age and

wisedome, and those sworne to giue their sentences without respect of

person, and in this maner (as they gather) were things handeled in

those daies. Which waie the word wapentake came in vse, as yet I

cannot tell; howbeit the signification of the same declareth (as I

conceiue) that at the chiefe towne the soldiers which were to serue in

that hundred did méet, fetch their weapons, & go togither from thence

to the field, or place of seruice by an ordinarie custome, then

generallie knowen amongst them. It is supposed also that the word Rape

commeth a Rapiendo, as it were of catching and snatching, bicause the

tenants of the hundred or wapentakes met vpon one or sundrie daies &

made quicke dispatch of their lords haruest at once and in great hast.

But whether it be a true imagination or not as yet I am vncerteine,

and therefore it lieth not in me to determine anie thing thereof:

wherefore it shall suffice to haue touched them in this maner.

[Sidenote: Fortie shires in England, thirtéene in Wales.]

In my time there are found to be in England fourtie shires, and

likewise thirtéene in Wales, and these latter erected of late yeares

by king Henrie the eight, who made the Britons or Welshmen equall in

all respects vnto the English, and brought to passe that both nations

should indifferentlie be gouerned by one law, which in times past were

ordred by diuerse, and those far discrepant and disagreing one from

another: as by the seuerall view of the same is yet easie to be

discerned. The names of the shires in England are these, whereof the

first ten lie betwéene the British sea and the Thames, as Polydor also

dooth set them downe.

Kent.

Sussex.

Surreie.

Hampshire.

Barkeshire.

Wilshire.

Dorsetshire.

Summerset.

Deuon.

Cornewall.

There are moreouer on the northside of the Thames, and betwéene the

same and the riuer Trent, which passeth through the middest of England

(as Polydor saith) sixtéene other shires, whereof six lie toward the

east, the rest toward the west, more into the middest of the countrie.

Essex, somtime all forrest saue one hundred.

Middlesex.

Hartfordshire.

Suffolke.

Norffolke.

Cambrigeshire in which are 12 hundreds.

Bedford.

Huntingdon wherin are foure hundreds.

Buckingham.

Oxford.

Northampton.

Rutland.

Leircestershire.

Notinghamshire.

Warwike.

Lincolne.

We haue six also that haue their place westward towards Wales, whose

names insue.

Glocester.

Hereford.

Worcester.

Shropshire.

Stafford.

Chestershire.

And these are the thirtie two shires which lie by south of the Trent.

Beyond the same riuer we haue in like sort other eight, as

Darbie.

Yorke.

Lancaster.

Cumberland.

Westmerland.

Richemond, wherein are fiue wapentaxes, & when it is accompted as

parcell of Yorkeshire (out of which it is taken) then is it reputed

for the whole Riding.

Durham.

Northumberland.

So that in the portion sometime called Lhoegres, there are now fortie

shires. In Wales furthermore are thirtéene, whereof seuen are in

Southwales:

Cardigan, or Cereticon.

Penmoroke, or Penbrooke.

Caermardine, wherein are 9 hundreds or commots.

Glamorgan.

Monmouth.

Breckenocke.

Radnor.

In Northwales likewise are six, that is to saie

Angleseie.

Carnaruon.

Merioneth.

Denbigh.

Flint.

Montgomerie.

Which being added to those of England yéeld fiftie and thrée shires or

counties, so that vnder the quéenes Maiestie are so manie counties,

whereby it is easilie discerned, that hir power farre excéedeth that

of Offa, who of old time was highlie honored for that he had so much

of Britaine vnder his subiection as afterward conteined thirtie nine

shires, when the diuision was made, whereof I spake before.

[Sidenote: Od parcels of shires.]

This is moreouer to be noted in our diuision of shires, that they be

not alwaies counted or laid togither in one parcell, whereof I haue

great maruell. But sith the occasi[=o] hath growen (as I take it)

either by priuilege or some like occasion, it is better briefelie to

set downe how some of these parts lie than to spend the time in

séeking a iust cause of this their od diuision. First therefore I note

that in the part of Buckinghamshire betweene Amondesham, and

Beconsfield, there is a peece of Hartfordshire to be found, inuironed

round about with the countie of Buckingham, and yet this patch is not

aboue three miles in length and two in breadth at the verie most. In

Barkeshire also betwéene Ruscombe and Okingham is a péece of Wilshire,

one mile in breadth and foure miles in length, whereof one side lieth

on the Loden riuer. In the borders of Northamptonshire directlie ouer

against Luffeld a towne in Buckinghamshire, I find a parcell of

Oxfordshire not passing two miles in compasse.

With Oxfordshire diuerse doo participate, in so much that a péece of

Glocestershire, lieth halfe in Warwikeshire & halfe in Oxfordshire,

not verie far from Horneton. Such another patch is there, of

Glocestershire not far from long Compton, but lieng in Oxford countie:

& a péece of Worcestershire, directlie betwéene it & Glocestershire.

Glocester hath the third péece vpon the north side of the Winrush

neere Falbrocke, as Barkeshire hath one parcell also vpon the selfe

side of the same water, in the verie edge of Glocestershire: likewise

an other in Oxfordshire, not verie farre from Burford: and the third

ouer against Lach lade, which is parted from the main countie of

Barkeshire, by a little strake of Oxfordshire. Who would thinke that

two fragments of Wilshire were to be seene in Barkeshire vpon the

Loden, and the riuer that falleth into it: whereof and the like sith

there are verie manie, I thinke good to giue this briefe admonition.

For although I haue not presentlie gone thorough with them all, yet

these may suffice to giue notice of this thing, wherof most readers

(as I persuade my selfe) are ignorant.

[Sidenote: Lieutenants.]

But to procéed with our purpose. Ouer ech of these shires in time of

necessitie is a seuerall lieutenant chosen vnder the prince, who being

a noble man of calling, hath almost regall authoritie ouer the same

for the time being in manie cases which doo concerne his office:

[Sidenote: Shiriffes.]

otherwise it is gouerned by a shiriffe (a word deriued of Schire and

Greue, and pronounced as Shire and Reue) whose office is to gather vp

and bring his accounts into the excheker, of the profits of his

countie receiued, whereof he is or may be called Quæstor comitatus or

Prouinciæ. This officer is resident and dwelling somewhere within the

same countie, and called also a viscount, Quasi vicarius comitis or

Procomes, in respect of the earle (or as they called him in time past

the alderman) that beareth his name of the countie, although it be

seldome séene in England, that the earle hath anie great store of

possessions, or oughts to doo in the shire whereof he taketh his name,

more than is allowed to him, through his personall resiance, if he

happen to dwell and be resident in the same.

In the election also of these magistrates, diuerse able persons aswell

for wealth as wisedome are named by the commons, at a time and place

appointed for their choise, whose names being deliuered to the prince,

he foorthwith pricketh some such one of them, as he pleaseth to

assigne vnto that office, to whome he committeth the charge of the

countie, and who herevpon is shiriffe of that shire for one whole

[Sidenote: Vndershiriffes.]

yeare, or vntill a new be chosen. The shiriffe also hath his vnder

shiriffe that ruleth & holdeth the shire courts and law daies vnder

him, vpon sufficient caution vnto the high shiriffe for his true

execution of iustice, preseruation from impeachment, and yéelding of

accompt when he shall be therevnto called. There are likewise vnder

[Sidenote: Bailiffes.]

him certeine bailiffes, whose office is to serue and returne such

writs and processes as are directed vnto them from the high shiriffe:

to make seisure of the goods and cattels, and arrest the bodies of

such as doo offend, presenting either their persons vnto him, or at

the leastwise taking sufficient bond, or other assurance of them for

their dutifull appearance at an appointed time, when the shiriffe by

order of law ought to present them to the iudges according to his

[Sidenote: High constables.]

charge. In euerie hundred also are one or more high constables

according to the quantitie thereof, who receiuing the writs and

injunctions from the high shiriffe vnder his seale, or from anie other

officers of the prince, either for the prouision of vittels or for

other causes, or priuat purueiance of cates for the maintenance of the

[Sidenote: Petie constables.]

roiall familie, doo forthwith charge the petie constables of euerie

towne within their limits, with the execution of the same.

In each countie likewise are sundrie law daies holden at their

appointed seasons, of which some retaine the old Saxon name, and are

[Sidenote: Motelagh.]

called Motelagh, of the word motes and law. They haue also an other

[Sidenote: Shiriffes turne.]

called the shiriffes turne, which they hold twise in their times, in

euerie hundred, according to the old order appointed by king Edgar (as

king Edward reduced the folkmote ordeined by king Arthur to be held

yearelie on the first of Maie, vntill the first of euerie moneth) and

in these two latter such small matters as oft arise amongst the

inferior sort of people, are heard and well determined. They haue

finallie their quarter sessions, wherein they are assisted by the

[Sidenote: Gaile deliuerie or great assises.]

iustices and gentlemen of the countrie, & twise in the yeare gaile

deliuerie, at which time the iudges ride about in their circuits, into

euerie seuerall countie (where the nobilitie and gentlemen with the

iustices there resiant associat them) & minister the lawes of the

realme, with great solemnitie & iustice. Howbeit in dooing of these

things, they reteine still the old order of the land in vse before the

conquest. For they commit the full examination of all causes there to

be heard, to the consideration of twelue sober, graue, and wise men,

chosen out of the same countie; and foure of them of necessitie out of

the hundred where the action lieth, or the defendant inhabiteth (which

[Sidenote: Inquests.]

number they call an inquest) & of these inquests there are more or

lesse impanneled at euerie assise, as the number of cases there to be

handled dooth craue and require, albeit that some one inquest hath

often diuerse matters to consider of. And when they haue (to their

vttermost power) consulted and debated of such things as they are

charged withall, they returne againe to the place of iustice, with

their verdict in writing, according wherevnto the iudge dooth

pronounce his sentence, be it for life or death, or anie other matter

what soeuer is brought before him. It is also verie often séene, that

such as are nominated to be of these inquests, doo after their charge

receiued seldome or neuer eat or drinke, vntill they haue agréed upon

their verdict, and yeelded it vp vnto the iudge of whome they receiued

the charge; by meanes whereof sometimes it commeth to passe that

diuerse of the inquest haue béene welneere famished, or at least taken

such a sickenesse thereby, as they haue hardlie auoided. And this

commeth by practise, when the one side feareth the sequele, and

therefore conueieth some one or more into the iurie, that will in his

behalfe neuer yéeld vnto the rest, but of set purpose put them to this

trouble.

Certes it is a common practise (if the vnder shiriffe be not the

better man) for the craftier or stronger side to procure and packe

such a quest, as he himselfe shall like of, whereby he is sure of the

issue before the charge be giuen: and beside this if the matter doo

iustlie procéed against him, it is a world to sée now and then how the

honest yeomen that haue Bona fide discharged their consciences shall

[Sidenote: Atteinct.]

be sued of an atteinct, & bound to appéere at the Starre chamber, with

what rigor they shall be caried from place to place, countie to

countie, yea and sometime in carts, which hath and dooth cause a great

number of them to absteine from the assises, & yeeld to paie their

issues, rather than they would for their good meaning be thus

disturbed & dealt withall. Sometimes also they bribe the bailiffes to

be kept at home, whervpon poore men, not hauing in their pursses

wherewith to beare their costes, are impanelled vpon iuries, who verie

often haue neither reason nor iudgement to performe the charge they

come for. Neither was this kind of seruice at anie time halfe so

painefull as at this present: for vntill of late yeares (that the

number of lawiers and atturneies hath so exceedinglie increased, that

some shifts must néeds be found and matters sought out, whereby they

may be set on worke) a man should not haue heard at one assise of more

than two or thrée Nisi priùs, but verie seldome of an atteinct, wheras

now an hundred & more of the first and one or two of the later are

verie often perceiued, and some of them for a cause arising of

sixpence or tweluepence. Which declareth that men are growen to be

farre more contentious than they haue béene in time past, and readier

to reuenge their quarels of small importance, whereof the lawiers

complaine not. But to my purpose, from whence I haue now digressed.

Beside these officers afore mentioned, there are sundrie other in

euerie countie, as crowners, whose dutie is to inquire of such as come

to their death by violence, to attach & present the plées of the

crowne, to make inquirie of treasure found, &c. There are diuerse also

[Sidenote: Iustices of peax & quorum.]

of the best learned of the law, beside sundrie gentlemen, where the

number of lawiers will not suffice (and whose reuenues doo amount to

aboue twentie pounds by the yeare) appointed by especiall commission

from the prince, to looke vnto the good gouernement of hir subiects,

in the counties where they dwell. And of these the least skilfull in

the law are of the peace, the other both of the peace and quorum,

otherwise called of Oier and Determiner, so that the first haue

authoritie onelie to heare, the other to heare and determine such

matters as are brought vnto their presence. These also doo direct

their warrants to the kéepers of the gailes within their limitations,

for the safe kéeping of such offendors as they shall iudge worthie to

commit vnto their custodie there to be kept vnder ward, vntill the

great assises, to the end their causes may be further examined before

the residue of the countie, & these officers were first deuised about

the eightéene yeare of Edward the third, as I haue béene informed.

[Sidenote: Quarter sessions.]

They méeting also & togither with the shiriffes, doo hold their

aforesaid sessions at foure times in the yeare, whereof they are

called quarter sessions, and herein they inquire of sundrie

trespasses, and the common annoiances of the kings liege people, and

diuerse other things, determining vpon them as iustice dooth require.

[Sidenote: Petie sessions.]

There are also a third kind of sessions holden by the high constables

and bailiffes afore mentioned, called petie sessions, wherein the

weights and measures are perused by the clarke of the market for the

countie, who sitteth with them. At these méetings also vittellers, and

in like sort seruants, labourers, roges and runnagates, are often

reformed for their excesses, although the burning of vagabounds

through their eare be referred to the quarter sessions or higher

courts of assise, where they are iudged either to death, if they be

taken the third time, & haue not since their second apprehension

applied themselues to labour, or else to be set perpetuallie to worke

in an house erected in euerie shire for that purpose, of which

punishment they stand in greatest feare.

I might here deliuer a discourse of sundrie rare customes and courts,

surnamed barons, yet mainteined and holden in England: but forsomuch

as some of the first are beastlie, and therefore by the lords of the

soiles now liuing conuerted into monie, being for the most part

deuised in the beginning either by malicious or licentious women, in

méere contempt and slauish abuse of their tenants, vnder pretense of

some punishment due for their excesses, I passe ouer to bring them

vnto light, as also the remembrance of sundrie courts baron likewise

holden in strange maner; yet none more absurd and far from law than

are kept yearlie at Kings hill in Rochford, and therfore may well be

called a lawlesse court, as most are that were deuised vpon such

occasions. This court is kept vpon wednesdaie insuing after

Michaelmasse daie after midnight, so that it is begun and ended before

the rising of the sunne. When the tenants also are altogither in an

alehouse, the steward secretlie stealeth from them with a lanterne

vnder his cloke, and goeth to the Kings hill, where sitting on a

mole-hill he calleth them with a verie soft voice, writing their

appéerance vpon a péece of paper with a cole, hauing none other light

than that which is inclosed in the lanterne: so soone as the tenants

also doo misse the steward, they runne to the hill with all their

might, and there answer all at once, Here here, wherby they escape

their amercements: which they should not doo if he could haue called

ouer his bill of names before they had missed him in the alehouse. And

this is the verie forme of the court deuised at the first (as the

voice goeth) vpon a rebellion made by the tenants of the honour of

Raibie against their lord, in perpetuall memorie of their disobedience

shewed. I could beside this speake also of some other, but sith one

hath taken vpon him to collect a number of them into a particular

treatise, I thinke it sufficient for me to haue said so much of both.

And thus much haue I thought good to set downe generallie of the said

counties and their maner of gouernance, although not in so perfect

order as the cause requireth, bicause that of all the rest there is

nothing wherewith I am lesse acquainted than with our temporall

regiment, which (to saie truth) smallie concerneth my calling. What

else is to be added after the seuerall shires of England with their

ancient limits (as they agreed with the diuision of the land in the

time of Ptolomie and the Romans) and commodities yet extant, I reserue

vnto that excellent treatise of my fréend W. Cambden, who hath

trauelled therein verie farre, & whose worke written in Latine shall

in short time (I hope) be published, to the no small benefit of such

as will read and peruse the same.

OF DEGREES OF PEOPLE IN THE COMMONWEALTH OF ENGLAND.

CHAP. V.

We in England diuide our people commonlie into foure sorts, as

gentlemen, citizens or burgesses, yeomen, which are artificers, or

laborers. Of gentlemen the first and chéefe (next the king) be the

prince, dukes, marquesses, earls, viscounts, and barons: and these are

called gentlemen of the greater sort, or (as our common vsage of

spéech is) lords and noblemen: and next vnto them be knights,

esquiers, and last of all they that are simplie called gentlemen; so

that in effect our gentlemen are diuided into their conditions, wherof

in this chapiter I will make particular rehearsall.

[Sidenote: Prince.]

The title of prince dooth peculiarlie belong with vs to the kings

eldest sonne, who is called prince of Wales, and is the heire apparant

to the crowne; as in France the kings eldest sonne hath the title of

Dolphine, and is named peculiarlie Monsieur. So that the prince is so

termed of the Latine word Princeps, sith he is (as I may call him) the

cheefe or principall next the king. The kings yoonger sonnes be but

gentlemen by birth (till they haue receiued creation or donation from

their father of higher estate, as to be either visconts, earles, or

dukes) and called after their names, as lord Henrie, or lord Edward,

with the addition of the word Grace, properlie assigned to the king

and prince, and now also by custome conueied to dukes, archbishops,

and (as some saie) to marquesses and their wiues.

Holinshed's Chronicles, vol. 1 of 6, slice 1 of 9. England, geography · 第 49 / 77 段