[Sidenote: Terme.]
the yeare, which we commonlie call termes, of the Latine word
Terminus, wherein all controuersies are determined, that happen within
the Quéenes dominions. These are commonlie holden at London, except
vpon some great occasion they be transferred to other places. At what
times also they are kept both for spirituall and temporall dealing,
the table insuing shall easilie declare. Finallie how well they are
followed by sutors, the great wealth of lawiers without anie trauell
of mine can readilie expresse. For as after the comming of the Normans
the nobilitie had the start, and after them the cleargie: so now all
the wealth of the land dooth flow vnto our common lawiers, of whome
some one hauing practised little aboue thirteene or fourtéene yeares
is able to buie a purchase of so manie 1000 pounds: which argueth that
they wax rich apace, and will be richer if their clients become not
the more wiser & warie hereafter. It is not long, since a sergeant at
the law (whome I could name) was arrested vpon an extent, for thrée or
foure hundred pounds, and another standing by did greatlie maruell
that he could not spare the gaines of one terme for the satisfaction
of that dutie. The time hath béene that our lawiers did sit in Powles
vpon stooles against the pillers and walles to get clients, but now
some of them will not come from their chambers to the Guildhall in
London vnder ten pounds or twentie nobles at the lest. And one being
demanded why he made so much of his trauell, answered, that it was but
follie for him to go so farre, when he was assured to get more monie
by sitting still at home. A friend of mine also had a sute of late of
some valure, and to be sure of counsell at his time, he gaue vnto two
lawiers (whose names I forbeare to deliuer) twentie shillings a peece,
telling them of the daie and houre wherein his matter should be called
[Sidenote: Deceipt.]
vpon. To be short, they came not vnto the barre at all, whervpon he
staied for that daie. On the morrow after he met them againe,
increased his former gifts by so much more, and told them of the time,
but they once againe serued him as before. In the end he met them both
in the verie hall doore, and after some timorous reprehension, of
their vncourteous demeanour toward him, he bestowed either thrée
angels or foure more vpon each of them, wherevpon they promised
peremptorilie to speake earnestlie in his cause. And yet for all this,
one of them hauing not yet sucked enough, vtterlie deceiued him: the
other in déed came in, and wagging a scroll which he had in his hand
before the iudge, he spake not aboue thrée or foure words, almost so
soone vttered as a good morrow, and so went from the bar, and this was
all the poore man gat for his monie, and the care which his
counsellours did séeme to take of his cause, then standing vpon the
[Sidenote: Manie of our lawiers stoope not at small fées.]
hazard. But inough of these matters, for if I should set downe how
little law poore men can haue for their small fées in these daies, and
the great murmurings that are on all sides vttered against their
excessiue taking of monie (for they can abide no small gaine) I should
extend this treatise into a farre greater volume than is conuenient
for my purpose. Wherfore it shall suffice to haue set downe so much of
their demeanour, and so much as is euen enough to cause them to looke
with somewhat more conscience into their dealings, except they be dull
and senselesse.
This furthermore is to be noted, that albeit the princes heretofore
reigning in this land haue erected sundrie courts, especiallie of the
chancerie at Yorke and Ludlow, for the ease of poore men dwelling in
[Sidenote: Poore men contentious.]
those parts, yet will the poorest (of all men commonlie most
contentious) refuse to haue his cause heard so néere home, but
indeuoureth rather to his vtter vndooing to trauell vp to London,
thinking there soonest to preuaile against his aduersarie, though his
case be neuer so doubtfull. But in this toie our Welshmen doo excéed
of all that euer I heard, for you shall here and there haue some one
od poore Dauid of them 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 waie, and carie his hosen on his necke (to saue
their feet from wearing) bicause he hath no change. When he commeth
there also, he will make such importunate begging of his countrimen,
and hard shift otherwise, that he will sometimes carie downe six or
seuen writs with him in his pursse, wherewith to molest his neighbor,
though the greatest quarrel be scarselie worth the fee that he hath
paid for anie one of them. But inough of this, least in reuealing the
superfluous follie of a few brablers in this behalfe, I bring no good
will to my selfe amongst the wisest of that nation. Certes it is a
[Sidenote: Promoters séeke matters to set lawiers on worke withall.]
lamentable case to sée furthermore, how a number of poore men are
dailie abused and vtterlie vndoone, by sundrie varlets that go about
the countrie, as promoters or brokers betwéene the pettie foggers of
the lawe, and the common people, onelie to kindle and espie coales of
contention, whereby the one side may reape commoditie, and the other
spend and be put to trauell. But of all that euer I knew in Essex,
Denis and Mainford excelled, till Iohn of Ludlow, aliàs Mason came in
place, vnto whome in comparison they two were but children: for this
last in lesse than thrée or foure yeares, did bring one man (among
manie else-where in other places) almost to extreame miserie (if
beggerie be the vttermost) that before he had the shauing of his
beard, was valued at two hundred pounds (I speake with the least) and
finallie feeling that he had not sufficient wherwith to susteine
himselfe and his familie, and also to satisfie that greedie rauenour,
which still called vpon him for new fées, he went to bed, and within
foure daies made an end of his wofull life, euen with care and
pensiuenesse. After his death also he so handled his sonne, that
there was neuer shéepe shorne in Maie, so néere clipped of his fléece
present, as he was of manie to come: so that he was compelled to let
awaie his land, bicause his cattell & stocke were consumed, and he no
longer able to occupie the ground. But hereof let this suffice, & in
stéed of these enormities, a table shall follow of the termes
conteining their beginnings and endings, as I haue borrowed them from
my fréend Iohn Stow, whose studie is the onelie store house of
antiquities in my time, and he worthie therefore to be had in
reputation and honour.
[Sidenote: The times of our termes no hinderance to iustice.]
A man would imagine that the time of the execution of our lawes, being
little aboue one quarter, or not fullie a third part of the yeare, and
the appointment of the same to be holden in one place onelie, to wit,
neere London in Westminster, and finallie the great expenses emploied
vpon the same, should be no small cause of the staie and hinderance of
the administration of iustice in this land: but as it falleth out they
prooue great occasions and the staie of much contention. The reasons
of these are soone to be conceiued, for as the broken sleeue dooth
hold the elbow backe, and paine of trauell cause manie to sit at home
in quiet; so the shortnesse of time and feare of delaie dooth driue
those oftentimes to like of peace, who otherwise would liue at strife,
and quickelie be at ods. Some men desirous of gaines would haue the
termes yet made shorter, that more delaie might ingender longer sute;
other would haue the houses made larger, and more offices erected,
wherein to minister the lawes. But as the times of the tearmes are
rather too short than too long by one returne a péece: so if there
were smaller roomes and fowler waies vnto them, they would inforce
manie to make pawses before they did rashlie enter into plée. But sith
my purpose is not to make an ample discourse of these things, it shall
suffice to deliuer the times of the holding of our termes, which
insueth after this manner.
_A perfect rule to know the beginning and ending of euerie terme, with
their returnes._
Hilarie terme beginneth the three and twentith daie of Ianuarie (if it
be not sundaie) otherwise the next daie after, and is finished the
twelfe of Februarie, it hath foure returnes.
Octabis Hilarij.
Quind. Hilarij.
Crastino Purific.
Octabis Purific.
¶ Easter terme beginneth seuentéene daies after Easter, endeth foure
daies after the Ascension daie, and hath fiue returnes.
Quind. Pasch.
Tres Paschæ.
Mense. Paschæ.
Quinque Paschæ.
Crast. Ascention.
¶ Trinitie terme beginneth the fridaie after Trinitie sundaie, and
endeth the wednesdaie fortnight after, in which time it hath foure
returnes.
Crast. Trinitatis.
Octabis Trinitatis.
Quind. Trinitatis.
Tres Trinitatis.
¶ Michaelmasse terme beginneth the ninth of October (if it be not
sundaie) and ending the eight and twentith of Nouember, it hath eight
returnes.
Octabis Michael.
Quind. Michael.
Tres Michael.
Mense Michael.
Crast. anima.
Crast. Martini.
Octa Martini.
Quind. Martini.
Note also that the escheker, which is Fiscus ærarium publicum
principis, openeth eight daies before anie terme begin, except
Trinitie terme, which openeth but foure daies before.
And thus much for our vsuall termes as they are kept for the
administration of our common lawes, wherevnto I thinke good to adde
the lawdaies accustomablie holden in the arches and audience of
Canturburie, with other ecclesiasticall and ciuill courts thorough the
whole yeare, or for somuch time as their execution indureth (which in
comparison is scarselie one halfe of the time if it be diligentlie
examined) to the end each one at home being called vp to answer may
trulie know the time of his appearance; being sorie in the meane
season, that the vse of the popish calendar is so much reteined in the
same, and not rather the vsuall daies of the moneth placed in their
roomes, sith most of them are fixed and palter not their place of
standing. Howbeit some of our infected lawiers will not let them go
awaie so easilie, pretending facilitie and custome of vsage, but
meaning peraduenture inwardlie to kéepe a commemoration of those dead
men whose names are there remembred.
Michaelmas terme.
S. Faith.
S. Edward.
S. Luke.
Simon & Iu.
All Soules.
S. Martin.
Edmund.
Katharine.
S. Andrew.
Conception of the virgin Marie.
¶ It is to be remembred that the first daie following euerie of these
feasts noted in each terme, the court of the arches is kept in Bow
church in the forenoone. And the same first daie in the afternoone is
the admeraltie court for ciuill and seafaring causes kept in
Southwarke, where iustice is ministred & execution doone continuallie
according to the same.
The second daie following euerie one of the said feasts, the court of
audience of Canturburie is kept in the consistorie in Paules in the
forenoone. And the selfe daie in the afternoone, in the same place is
the prerogatiue court of Canturburie holden.
The third day after anie such feast in the forenoone, the consistorie
court of the bishop of London is kept in Paules church in the said
consistorie, and the same third daie in the afternoone is the court of
the delegates, and the court of the Quéenes highnesse commissioners
vpon appeales is likewise kept in the same place on the fourth daie.
Hilarie terme.
S. Hilarie.
S. Wolstan.
Conuersion of S. Paule.
S. Blase.
S. Scolastic.
S. Valentine.
Ashwednes.
S. Matthie.
S. Chad.
Perpet. & Fel.
S. Gregorie.
Ann[=u]ciation of our Ladie.
Note that the foure first daies of this terme be certeine and
vnchanged. The other are altered after the course of the yeare, and
sometime kept and sometime omitted. For if it so happen that one of
those feasts fall on wednesdaie, commonlie called Ashwednesdaie after
the daie of S. Blase (so that the same lawdaie after Ashwednesdaie
cannot be kept bicause the lawdaie of the other feast dooth light on
the same) then the second lawdaie after Ashwednesdaie shall be kept,
and the other omitted. And if the lawdaie after Ashwednesdaie be the
next daie after the feast of S. Blase, then shall all and euerie court
daies be obserued in order, as they may be kept conuenientlie. And
marke that although Ashwednesdaie be put the seuenth in order, yet it
hath no certeine place, but is changed as the course of Easter causeth
it.
Easter terme.
The fiftéenth daie after Easter.
S. Alphege.
S. Marke.
Inuention of the crosse.
Gordian.
S. Dunstan.
Ascension daie.
¶ In this terme the first sitting is alwaie kept the mondaie being the
fiftéenth daie after Easter, and so foorth after the feasts here
noted, which next follow by course of the yeare after Easter, and the
like space being kept betwéene other feasts.
The rest of the lawdaies are kept to the third of the Ascension, which
is the last day of this terme. And if it happen that the feast of the
Ascension of our Lord, doo come before anie of the feasts aforesaid,
then they are omitted for that yeare. And likewise if anie of those
daies come before the fifteenth of Easter, those daies are omitted
also.
Trinitie terme.
Trinitie sundaie.
Corpus Christi.
Boniface bish.
S. Barnabie.
S. Butolph.
S. Iohn.
S. Paule.
Translat. Thomas.
S. Swithune.
S. Margaret.
S. Anne.
Here note also that the lawdaies of this terme are altered by meane of
Whitsuntide, and the first sitting is kept alwaies on the first
lawdaie after the feast of the holie Trinitie, and the second session
is kept the first lawdaie after the idolatrous and papisticall feast
daie called Corpus Christi, except Corpus Christi daie fall on some
day aforenamed: which chanceth sometime, and then the fitter daie is
kept. And after the second session account foure daies or thereabout,
and then looke which is the next feast day, and the first lawdaie
after the said feast shall be the third session. The other law daies
follow in order, but so manie of them are kept, as for the time of the
yeare shall be thought méet.
It is also generallie to be obserued, that euerie daie is called a
lawdaie that is not sundaie or holie daie: and that if the feast daie
being knowne of anie court daie in anie terme, the first or second
daie following be sundaie, then the court daie is kept the daie after
the said holie daie or feast.
OF PROUISION MADE FOR THE POORE.
CHAP. X.
There is no common-wealth at this daie in Europe, wherin there is not
great store of poore people, and those necessarilie to be relieued by
the welthier sort, which otherwise would starue and come to vtter
[Sidenote: Thrée sorts of poore.]
confusion. With vs the poore is commonlie diuided into thrée sorts, so
that some are poore by impotencie, as the fatherlesse child, the aged,
blind and lame, and the diseased person that is iudged to be
incurable: the second are poore by casualtie, as the wounded souldier,
the decaied householder, and the sicke person visited with grieuous
and painefull diseases: the third consisteth of thriftlesse poore, as
the riotour that hath consumed all, the vagabund that will abide no
where, but runneth vp and downe from place to place (as it were
séeking worke and finding none) and finallie the roge and strumpet
which are not possible to be diuided in sunder, but runne too and fro
ouer all the realme, chéefelie kéeping the champaine soiles in summer
to auoid the scorching heat, and the woodland grounds in winter to
eschew the blustering winds.
For the first two sorts, that is to saie, the poore by impotencie, and
the poore by casualtie, which are the true poore in deed, and for
whome the word dooth bind vs to make some dailie prouision: there is
order taken through out euerie parish in the realme, that weekelie
collection shall be made for their helpe and sustentation, to the end
they should not scatter abroad, and by begging here and there annoie
both towne and countrie. Authoritie also is giuen vnto the iustices in
euerie countie, and great penalties appointed for such as make
default, to sée that the intent of the statute in this behalfe be
trulie executed, according to the purpose and meaning of the same, so
that these two sorts are sufficientlie prouided for: and such as can
liue within the limits of their allowance (as each one will doo that
is godlie and well disposed) may well forbeare to rome and range
about. But if they refuse to be supported by this benefit of the law,
and will rather indeuour by going to and fro to mainteine their idle
trades, then are they adiudged to be parcell of the third sort, and so
in stéed of courteous refreshing at home, are often corrected with
sharpe execution, and whip of iustice abroad. Manie there are, which
notwithstanding the rigor of the lawes prouided in that behalfe, yéeld
rather with this libertie (as they call it) to be dailie vnder the
feare and terrour of the whip, than by abiding where they were borne
or bred, to be prouided for by the deuotion of the parishes. I found
not long since a note of these latter sort, the effect whereof
insueth. Idle beggers are such either through other mens occasion, or
[Sidenote: A thing often séene.]
through their owne default. By other mens occasion (as one waie for
example) when some couetous man such I meane as haue the cast or right
veine, dailie to make beggers inough wherby to pester the land,
espieng a further commoditie in their commons, holds, and tenures,
dooth find such meanes as thereby to wipe manie out of their
occupiengs, and turne the same vnto his priuate gaines. Herevpon
[Sidenote: At whose hands shall the bloud of these men be required?]
it followeth, that although the wise and better minded, doo either
forsake the realme for altogether, and seeke to liue in other
countries, as France, Germanie, Barbarie, India, Moscouia, and verie
Calecute, complaining of no roome to be left for them at home, doo so
behaue themselues that they are worthilie to be accompted among the
second sort: yet the greater part commonlie hauing nothing to staie
vpon are wilfull, and therevpon doo either prooue idle beggers, or
else continue starke théeues till the gallowes doo eat them vp, which
is a lamentable case. Certes in some mans iudgements these things are
but trifles, and not worthie the regarding. Some also doo grudge at
the great increase of people in these daies, thinking a necessarie
brood of cattell farre better than a superfluous augmentation of
mankind. But I can liken such men best of all vnto the pope and the
diuell, who practise the hinderance of the furniture of the number of
the elect to their vttermost, to the end the authoritie of the one
vpon earth, the deferring of the locking vp of the other in
euerlasting chaines, and the great gaines of the first may continue
and indure the longer. But if it should come to passe that any forren
inuasion should be made, which the Lord God forbid for his mercies
sake! then should these men find that a wall of men is farre better
than stackes of corne and bags of monie, and complaine of the want
when it is too late to séeke remedie. The like occasion caused the
Romans to deuise their law Agraria: but the rich not liking of it, and
the couetous vtterlie condemning it as rigorous and vnprofitable,
neuer ceased to practise disturbance till it was quite abolished. But
to proceed with my purpose.
Such as are idle beggers through their owne default are of two sorts,
and continue their estates either by casuall or méere voluntarie
meanes: those that are such by casuall means, are in the beginning
iustlie to be referred either to the first or second sort of poore
afore mentioned: but degenerating into the thriftlesse sort, they doo
what they can to continue their miserie, and with such impediments as
they haue to straie and wander about, as creatures abhorring all
labour and euerie honest exercise. Certes I call these casuall meanes,
not in respect of the originall of their pouertie, but of the
continuance of the same, from whence they will not be deliuered, such
is their owne vngratious lewdnesse, and froward disposition. The
voluntarie meanes proceed from outward causes, as by making of
corosiues, and applieng the same to the more fleshie parts of their
bodies: and also laieng of ratsbane, sperewort, crowfoot, and such
like vnto their whole members, thereby to raise pitifull and odious
sores, and mooue the harts of the goers by such places where they lie,
to yerne at their miserie, and therevpon bestow large almesse vpon
them. How artificiallie they beg, what forcible spéech, and how they
select and choose out words of vehemencie, whereby they doo in maner
coniure or adiure the goer by to pitie their cases, I passe ouer to
remember, as iudging the name of God and Christ to be more conuersant
in the mouths of none: and yet the presence of the heuenlie maiestie
further off from no men than from this vngratious companie. Which
maketh me to thinke that punishment is farre meeter for them than
liberalitie or almesse, and sith Christ willeth vs cheeflie to haue a
regard to himselfe and his poore members.
Vnto this nest is another sort to be referred, more sturdie than the
rest, which hauing sound and perfect lims, doo yet notwithstanding
sometime counterfeit the possession of all sorts of diseases. Diuerse
times in their apparell also they will be like seruing men or
laborers: oftentimes they can plaie the mariners, and séeke for ships
which they neuer lost. But in fine, they are all théeues and
caterpillers in the common-wealth, and by the word of God not
permitted to eat, sith they doo but licke the sweat from the true
labourers browes, & beereue the godlie poore of that which is due vnto
them, to mainteine their excesse, consuming the charitie of well
disposed people bestowed vpon them, after a most wicked & detestable
maner.
It is not yet full thréescore yeares since this trade began: but how
it hath prospered since that time, it is easie to iudge, for they are
now supposed of one sex and another, to amount vnto aboue 10000
persons; as I haue heard reported. Moreouer, in counterfeiting the
Egyptian roges, they haue deuised a language among themselues, which
they name Canting, but other pedlers French, a speach compact thirtie
yeares since of English, and a great number of od words of their owne
deuising, without all order or reason: and yet such is it as none but
themselues are able to vnderstand. The first deuiser thereof was
hanged by the necke, a iust reward no doubt for his deserts, and a
[Sidenote: Thomas Harman.]
common end to all of that profession. A gentleman also of late hath
taken great paines to search out the secret practises of this
vngratious rable. And among other things he setteth downe and
describeth thrée & twentie sorts of them, whose names it shall not be
amisse to remember, wherby ech one may take occasion to read and know
as also by his industrie what wicked people they are, and what
villanie remaineth in them.
_The seuerall disorders and degrees amongst our idle vagabonds._
1 Rufflers.
2 Vprightmen.
3 Hookers or Anglers.
4 Roges.
5 Wild roges.
6 Priggers or pransers.
7 Palliards.
8 Fraters.
9 Abrams.
10 Freshwater mariners, or whipiacks.
11 Dummerers.
12 Drunken tinkers.
13 Swadders or pedlers.
14 Iarkemen or patricoes.
¶ _Of women kind_
1 Demanders for glimmar or fire.
2 Baudie baskets.
3 Mortes.
4 Autem mortes.
5 Walking mortes.
6 Doxes.
7 Delles.
8 Kinching mortes.
9 Kinching cooes.