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.