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A12533 De republica Anglorum The maner of gouernement or policie of the realme of England, compiled by the honorable man Thomas Smyth, Doctor of the ciuil lawes, knight, and principall secretarie vnto the two most worthie princes, King Edwarde the sixt, and Queene Elizabeth. Seene and allowed.; Common-wealth of England Smith, Thomas, Sir, 1513-1577. 1583 (1583) STC 22857; ESTC S117628 79,409 124

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also we do reiect women as those whom nature hath made to keepe home and to nourish their familie and children and not to medle with matters abroade nor to beare office in a citie or common wealth no more than children and infantes except it be in such cases as the authoritie is annexed to the blood and progenie as the crowne a dutchie or an erledome for there the blood is respected not the age nor y e sexe Whereby an absolute Quéene an absolute Dutches or Countesse those I call absolute which haue the name not by being maried to a king duke or erle but by being the true right next successors in the dignitie and vpon whom by right of the blood that title is descended These I say haue the same authoritie although they be women or children in that kingdome dutchie or earledome as they shoulde haue had if they had bin men of full age For the right and honour of the blood and the quietnes and suertie of the realme is more to be considered than either the tender age as yet impotent to rule or the sexe not accustomed otherwise to intermeddle with publicke affaires being by common intendment vnderstood that such personages neuer do lacke the counsell of such graue and discreete men as be able to supplie all other defectes This as I sayde is not enough But the diuision of these which be participant of the common wealth is one way of them that beare office the other of them that beare none the first are called magistrates the second priuate men Another the like was among the Romanes of Partricij plebei thone striuing with thother a long time the patricij many yeares excluding the plebes from bearing rule vntill at last all magistrates were made cōmon betweene thē yet was there another diuision of the Romanes into senatores equites and plebs the Greekes had also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Frēch haue also at this day les nobles la populare or gentils homes villaines we in England diuide our men commonly into foure fortes gentlemen citizens and yeomen artificers and laborers Of gentlemen the first and chiefe are the king the prince dukes marquises earles vicountes barrons and these are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the nobility and all these are called Lords and noblemen next to these be knights esquiers and simple gentlemen Of the first part of gentlemen of englande called Nobilitas maior CHAP. 17. DUkes marquises erles vicountes and barrons either be created by the prince or come to that honor by being the eldest sonnes as highest next in succession to their parentes For the eldest of dukes sonnes during his fathers lyfe is called an earle an earles sonne is called by the name of a vicount or baron or else according as the creation is The creation I cal the first donation and condition of the honour giuen by the prince for good seruice done by him and aduauncement that the prince will bestowe vpon him which with the title of that honour is commonly but not alwayes giuen to him and to his heires males only the rest of the sonnes of the nobilitie by the rigor of the lawe be but esquiers yet in common speeche all dukes and marquises sonnes and the eldest sonne of an earle be called Lordes The which name commonly doth agree to none of lower degree than barrons excepting such onely as be thereunto by some speciall office called The barrony or degree of Lordes doth answere to the dignitie of the Senators of Rome and the title of our nobilitie to their patricij when patricij did betoken senatores aut senatorum filios Census senatorius was in Rome at diuerse times diuerse and in Englande no man is created barron excepte he may dispend of yearly reuenue one thousand poundes or one thousand markes at the least Vicountes earles marquises and dukes more according to the proportion of the degree and honour but though by chaunce he or his sonne haue lesse he keepeth his degree but if they decay by excesse and be not able to maintaine the honour as senatores Romani were amoti senatu so sometimes they are not admitted to the vpper house in the parliament although they keepe the name of Lorde still Of the second sort of gentlemē which may be called Nobilitas minor first of knightes CHAP. 18. NO man is a knight by succession not the king or prince And the name of prince in england 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 betokeneth the kinges eldest sonne or prince of wales although the king himselfe his eldest sonne and all dukes be called by generall name princes But as in Fraunce the kinges eldest sonne hath the title of the daulphine and he or the next heire apparant to the crowne is monsire so in Englande the kinges eldest sonne is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the prince Knightes therefore be not borne but made either before the battle to encourage them the more to aduenture their liues or after the conflict as aduauncement for their hardinesse and manhood alreadie shewed or out of the warre for some great seruice done or some good hope through the vertues which do appeare in them And they are made either by the king himselfe or by his commission and royall authoritie giuen for the same purpose or by his liuetenaunt in the warres who hath his royall and absolute power committed to him for that time And that order seemeth to aunswere in part to that which the Romanes called Equites Romanos differing in some pointes and agreeing in other as their commō wealth and ours do differ and agree for neuer in all pointes one common wealth doth agree with an other no nor long time any one common wealth with it selfe For al chaungeth continually to more or lesse and still to diuerse diuerse orders as the diuersity of times do present occasion and the mutabilitie of mens wittes doth inuent and assay new wayes to reforme and amende that werein they do finde fault Equites Romani were chosen ex censu y e is according to their substance and riches So be knightes in England most commonly according to the yearely reuenew of their landes being able to maintaine that estate yet all they that had Equestrem censum non legebantur equites No more are all made knightes in Englande that may dispende a knightes land or fee but they onely whom the king wil so honour The number of Equites was vncertaine and so it is of knightes at the pleasure of the prince Equites Romani had equum publicum The knightes of England haue not so but finde their own horse themselues in peace time and most vsually in warres Census equester was among the Romanes at dinerse times of diuerse valew but in England whosoeuer may dispende of his free landes 40. l. sterling of yearely reuenue by an olde law of Englande either at the coronatiō of the king or mariage of his daughter or at the
serueth thefficacie of the worde Gens in Latine betokeneth the race and sirname so the Romaines had Cornelios Sergios Appios Fabios AEmilios Pisones Iulio Brutos Valerios of which who were Agnati and therefore kept the name were also Gentiles and remaining the memorie of the glorie of their progenitors fame were gentlemē of that or that race This matter made a great strife among the Romanes when those which were Noui homines were more allowed for their vertues new and newly showen than the olde smell of auncient race newly defaced by the cowardise and euill life of their nephewes and discendauntes could make the other to be Thus the Cicerones Catones and Marij had much adoe with those auncients and therefore said Iuuenalis Malo pater tibi sit Tersites dummodo tu sis AEacidi similis vulcaniaque arma capessas Quàm te Thersiti similem producat Achilles But as other common wealthes were faine to doe so must all princes necessarily followe that is where vertue is to honour it and although vertue of auncient race be earlier to be obtained aswell by the example of the progenitors which encourageth as also through habilitie of education and bringing vp which enableth and the lastly enraced loue of tenāts neybors to such noblemen and gentlemen of whom they holde and by whom they doe dwell which pricketh forward to ensue in their fathers steps So it all this doe faile as it were great pitie it should yet such is the nature of all humaine thinges and so the world is subiect to mutability that it doth many times faile but whē it doth the prince and common wealth haue the same power that their predecessors had and as the husbandmā hath to plant a new tree where the olde fayleth so hath the prince to honour vertue where he doth finde it to make gentlemen esquiers knights barons earles marquises dukes where he seeth vertue able to beare that honour or merits and deserues it so it hath alwayes bin vsed among vs. But ordinarily the king doth only make knights and create barons or higher degrees for as for gentlemen they be made good cheape in England For whosoeuer studieth the lawes of the realme who studieth in the vniuersities who professed liberall sciences and to be shorte who can liue idly and without manuall labour and will beare the port charge and countenaunce of a gentleman he shall be called master for that is the title which men giue to esquires and other gentlemen and shall be taken for a gentleman for true it is with vs as is saide Tanti eris alijs quanti tibi feceris and if neede be a king of Heraulds shal also give him for mony armes newly made and inuented the title whereof shall pretende to haue beene found by the said Herauld in perusing and viewing of olde registers where his auncestors in times past had bin recorded to beare the same Or if he wil do it more truely and of better faith he will write that for the merittes of that man and certaine qualities which he doth see in him and for sundrie noble actes which he hath perfourmed he by the authoritie which he hath as king of Heraldes armes giveth to him and his heires these and these armes which being done I thinke he may be called a squire for he beareth ever after those armes Such men are called sometime in scorne gentlemen of the first head VVhether the maner of England in making gentlemen so easily is to be allowed CHAP. 21. A Man may make doubt question whether this maner of making gentlemen is to be allowed or no for my part I am of that opinion y e it is not amisse For first the prince looseth nothing by it as he shoulde doe it it were as in Fraunce for the yeomen or husbandmā is no more subiect to taile or taxe in Englande than the gentleman no in every payment to the king the gentleman is more charged which he beareth the gladlier and dareth not gainesaie for to save and keepe his honour and reputation In any shew or muster or other particular charge of the towne where he is he must open his purse wider and augment his portion above others or else he doth diminish his reputation As for their outward shew a gentleman if he wil be so accompted must go like a gentleman a yeoman like a yeoman and a rascall like a rascall and if he be called to the warres he must and will whatsoever it cost him array himselfe and arme him according to the vocation which he pretendeth he must shew also a more manly corage tokens of better education higher stomacke and bountifuller liberallitie than others and keepe aboute him idle seruauntes who shall doe nothing but waite vpon him So that no man hath hurt by it but he himselfe who hereby perchance will beare a bigger saile than he is able to maintaine For as touching the policie and goverment of the common wealth it is not those that haue to do with it which will magnifie them selves and goe in higher buskins than their estate will beare but they which are to be appointed are persons tryed and well knowen as shall be declared hereafter Of Citizens and Burgesses CHAP. 22. NExt to gentlemen be appointed citizens and burgesses such as not onely be free and receiued as officers within the cities but also be of some substance to beare the charges But these citizens and burgesses be to serve the common wealth in their cities burrowes or incorporate townes where they dwell Generally in the thyres they be of none accompt saue onely in the common assembly of the realme to make lawes which is called the Parliament The aunciet cities appoint iiii and ech burrough ii to haue voices in it and to giue their consent or dissent in the name of the citie or burrough for which they be appointed Of Yeomen CHAP. 23. THose whom we call yeomen next vnto the nobilitie knightes and squires haue the greatest charge and doings in the common wealth or rather are more trauailed to serue in it than all the rest as shall appeare hereafter I call him a yeoman whom our lawes doe call Legalem hominem a worde familiar in writtes and enquestes which is a fréeman borne English and may dispend of his owne frée lande in yearly reuenue to the summe of xl s. sterling This maketh if the iust value were taken now to the proportion of monies vt l. of our currant mony at this present This sort of people confesse themselves to be no gentlemen but giue the honour to al which be or take vpon them to be gentlemen and yet they haue a certaine preheminence and more estimation than laborers and artificers and commonly liue welthilie kéepe good houses do their businesse trauaile to acquire riches these be for the most part fermors vnto gentlemen which with grasing frequenting of markettes and kéeping seruauntes not idle as the gentleman doth but such as get
dubbing of the prince knight or some such great occasion may be by the king compelled to take that order honour or to pay a fine which many not so desirous of honour as of riches had rather disburse Some who for causes ar not thought worthy of y e honor and yet haue abilitie neither be made knightes though they would and yet pay the fine Xl. l. sterling at that time when this order began maketh now Cxx. l. of currant mony of Englande as I haue more at large declared in my booke of the diuersitie of standardes or the valor of monies When the Romanes did write senatus populusque Romanus they seemed to make but two orders that is of the Senate and of the people of Rome and so in the name of people they contayned equites and plebem so when we in England do say the Lordes and the commons the knights esquires other gentlemen with citizens burgeses yeomen be accompted to make the commons In ordaining of lawes the senate of Lordes of England is one house where the Archbishoppes and Bishops also be and the king or Queene for the time being as chiefe the knightes and all the rest of the gentlemē citizens and burgeses which be admitted to consult vpon the greatest affaires of the Realme be in an other house by themselues and that is called the house of the commons as we shal more clearely describe whē we speake of the parliament Whereupon this worde knight is deriued and whether it do betoken no more but that which miles doth in latine which is a souldier might be moued as a question The word souldier now seemeth rather to come of sould and paymēt and more to betoken a waged or hyred man to fight than otherwise yet Caesar in his Commentaries called soldures in the tongue gallois men who deuoted swore themselues in a certaine band or othe one to another and to the captaine which order if the Almains did follow it may be that they who were not hyred but being of the nation vppon their owne charges and for their aduauncement and by such common oth or band that did follow the warres were possibly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 called knightes or milites and nowe among the Almaines some are called lanceknights as souldiers of their band not hyred although at this day they be for the most part hirelings Or peraduenture it may be that they which were next about the prince as his garde or seruauntes picked or chosen men out of the rest being called in the Almaine language knighten which is asmuch to say as seruantes these men being found of good seruice the word afterward was taken for an honor and for him who maketh profession of armes Our language is so chaunged that I dare make no iudgement thereof Now we call him knight in english that the french calleth cheualier and the lataine equitem or equestris ordinis And when any man is made a knight he kneeling downe is stroken of the prince with his sworde naked vppon the backe or shoulder the prince saying sus or sois chiualier au nom de Dieu and in times past they added S. George and at his arising the prince saith auauncèr This is the manner of dubbing of knights at this present and that terme dubbing was the olde terme in this point and not creation At the coronation of a king or queene there be knightes of the bath made with long and more curious ceremonies But howsoeuer one by dubbed or made a knight his wife is by and by called a Ladie as well as a barons wife he himselfe is not called Lorde but hath to his name in common appelation added this syllable Sir as if he before were named Thomas William Iohn or Richard afterward he is alwayes called Sir Thomas Sir William Sir Iohn Sir Richard and that is the title which men giue to knightes in England This may suffice at this time to declare the order of knighthood yet there is an other order of knightes in England which be called the knightes of the garter King Edward the third after he had obtained many notable victories King Iohn of Fraunce King Iames of Scotland being both prisoners in the tower of London at one time and king Henrie of Castell the bastard expulsed out of his realme and Don Petro restored vnto it by the prince of Wales and Duke of Aquitaine called the blacke prince inuented a societie of honour and made a choice out of his owne realme and dominions and all Christendom and the best and most excellent renoumed persons in vertues and honour he did adorne with that title to be knightes of his order gaue them a garter decked with golde pearle and precious stones with the buckle of gold to weare daily on the left legge onely a kirtle gowne cloke chaperon collar and other august and magnificall apparell both of stuffe and fashion exquisite heroicall to weare at high feastes as to so high and princely an order was meete of which order he and his succesors Kinges and Queenes of England to be the soueraigne and the rest by certaine statutes and lawes among themselues be taken as brethren and fellowes in that order to the number of xxvi But because this is rather an ornament of the realme than any policie or gouernment thereof I leaue to speake any further of it Of Esquiers CHAP. 19. EScuier or esquier which we call commonly squire is a French worde and betokeneth Scutigerum or Armigerum and be all those which beare armes as we call them or armories as they terme them in French which to beare is a testimonie of the nobilitie or race from whence they do come These be taken for no distinct order of the common wealth but do goe with the residue of the gentlemen saue that as I take it they be those who beare armes testimonies as I haue saide of their race and therefore haue neither creation nor dubbing or else they were at the first costerels or the bearers of the armes of Lordes or knightes and by that had their name for a dignitie and honour giuen to distinguish them from a common souldier called in latine Gregarius miles Of Gentlemen CHAP. 20. GEntlemen be those whom their blood and race doth make noble and knowne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greeke the Lataines call them all Nobiles as the French Nobles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Nobilitas in Latine is defined honour or title giuen for that the auncestor hath bin notable in riches or vertues or in fewer wordes old riches or prowes remaining in one stock Which if the successors do kéepe and follow they be verè nobiles and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if they doe not yet the same and wealth of their auncestors serue to couer thē so long as it can as a thing once gilted though it be copper within till the gilt be worne away This hath his reason for the Etimologie of the name