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.