Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	henry_n	james_n	scotland_n	2,715	5	8.3833	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

so The people being accustomed to liue in such an equalitie of Iustice that in such sort that y e rich hath no more aduantage therein than the poore the proces and procéedinges to the iudgement being so short and iudgementes also being peremptorie and without appellation Yet to helpe for small matters where no great summe is in question there are other courtes In euerie shire from thrée wéekes to thrée wéekes the sherife for small thinges not passing xl s. and in certaine hundreds and liberties the baylie likewise from thrée wéekes to thrée wéekes holdeth plea. And whosoever is possessioner and owner of a mannor may holde from thrée wéekes to thrée wéekes or at his pleasure of his tennantes and amongest his tennantes a court called a court Baron And there his tennantes being sworne make a Iurie which is not called the enquest but the homage These principallie doe enquire of the copie holders and other frée holders that be dead sith the last court and bring in their heires and next successours and likewise of incrochment or intrusion of anie of the tennantes against the Lorde or among themselues They make orders and lawes amongest themselues the paine of them if they be after broken commeth to the Lorde And if anie small matter be in controuersie it is put to them and commonly they doe ende it But these courtes doe serue rather for men that can be content to be ordered by their neighbours and which loue their quiet and profit in their husbandrie more than to be busie in the lawe For whether partie soeuer will may procure a writte out of the higher court to remooue the plea to Westminster In cities and other great townes there be diuerse liberties to holde plea for a bigger summe which doe determine aswell as the common lawe and after the same manner and yet for them that will it may be remooued to Westminster hall King Henry the eight ordained first a president Counsellers and Iudges one for the marches of Wales at Ludlowe or else where an other for the north parts of Englande at Yorke where be manie causes determined These two are as be Parliaments in Fraunce But yet if there be anie matter of great consequence the partie may mooue it at the first or remooue it afterwardes to Westminster hall and to the ordinarie Iudges of the Realme or to the Chanceller as the matter is These two courtes doe heare matters before them part after the common lawe of Englande and part after the fashion of the chauncerie Of the Leete or lawe day CHAP. 18. LEete or law day is not incident to euerie mannor but to those onely which by special graunt or long prescription haue such libertie This was as it may appeare first a special trust and confidence and commission giuen to a fewe put in trust by the Prince as is nowe to the Iustices of peace to sée men sworne to the Prince to take pledges and suerties in that maner of one for an other to answere for obedience and truth to enquire of priuie conspiracies fraies murders and bloudsheddes and to this was added the ouersight of bread and ale and other measures Many times they that be out of the homage and court Baron of that mannor and Lordship be neuerthelesse astreined and answerable to come to the Léete This Léete is ordinarily kept but twise in the yeare and that at termes and times prescribed The Léete or Lawe day is all one and betokeneth worde for worde legittimum or iuridicum diem Lawe the olde Saxons called lant or lag and so by corruption and chaunging of language from Lant to Leete vnderstanding day They which kéepe our full english terme call it yet lawe day Of the proceedinges of causes criminall and first of the Iustices of the Peace CHAP. 19. BEfore the maner of procéeding in causes criminall can be well vnderstood it will be necessarie to speake of thrée persons the Iustices of peace the Coroners and the Constables The Iustices of peace be men elected out of the nobilitie higher and lower that is the Dukes Marquisses Barons Knightes Esquiers and Gentlemen and of such as be learned in the lawes such and in such number as the Prince shall thinke méete and in whome for wisedome and discretion he putteth his trust inhabitantes within the countie sauing that some of the high nobilitie and chiefe magistrates for honors sake are put in all or in the most of the commissions of all the shires of England These haue no time of their rule limited but by commission from the Prince alterable at pleasure At the first they were but iiij after viij nowe they come commonly to xxx or xl in euerie shire either by increase of riches learning or actiuitie in policie and gouernement So many more beeing founde which haue either will or power or both are not too manie to handle the affaires of the common wealth in this behalfe Of these in the same commission be certaine named which be called of the Quorum in whome is especiall trust reposed that where the commission is giuen to xl or xxx and so at the last it commeth to iiij or thrée it is necessarie for the performance of many affaires to haue likewise diuerse of the Quorum The wordes of the commission be such Quorum vos A B. C D. E F. vnum esse volumus The Iustices of the peace be those in whom at this time for the repressing of robbers théeues and vagabunds of priuie complots and conspiracies of riotes and violences and all other misdemeanors in the cōmon wealth the Prince putteth his special trust Each of them hath authoritie vpon complaint to him made of any theft robberie manslaughter murder violence complotes riottes vnlawefull games or any such disturbance of the peace and quiet of the Realme to cōmit the persons whom he supposeth offendors to the prison and to charge the Constable or sherife to bring them thither the gaoler to receaue them and kéepe them till he and his fellowes doe méete A fewe lines signed with his hande is ynough for that purpose these doe méete foure times in the yéere that is in each quarter once to enquire of all the misdemeanors aforesaide at which daies the sherife or his vndersherife with his baylifes be there to attende vppon him who must prepare against that time fower enquestes of xxiiij yeomen a péece of diuerse hundredes in the shire and besides one which is called the great enquest out of the bodie of the shire mingled with all These fiue enquests are sworne before them to enquire of all heretiques traitors theftes murders manslaughters rapes false moniers extortioners riottes routes forcible entries vnlawefull games and all such thinges as be contrarie to the peace and good order of the Realme to bring in their verdict If they among themselues vpon their owne knowledge doe finde any culpable they cause one of the clerkes to make the bill And if any be there to complaine vppon any

be wordes formall and our men of Lawe be very precise in their words formall If he say legit the Iudge procéedeth no further to sentence of death if he say non the Iudge foorthwith or the next day procéedeth to sentence which is doone by word of mouth onelie Thou A. hast béene endicted of such a felonie and thereof arraigned thou hast pleaded not guiltie and put thy selfe vpon God and thy Countrie they haue found thée guiltie thou hast nothing to say for thy selfe the Lawe is thou shalt first returne to the place from whence thou camest from thence thou shalt goe to the place of execution there thou shalt hang till thou be dead Then he saith to the Sherife Sherife doe execution he that claimeth his Clergie is burned forthwith in the presence of the Iudges in the brawne of his hand with a hot yron marked with the letter T. for a théefe or M. for a mansleer in cases where Clergie is admitted and is deliuered to the Bishops officer to be kept in the Bishops prison from whence after a certaine time by an other enquest of Clarkes he is deliuered and let at large but if he be taken and condemned the second time and his marke espied he goeth to hanging He whom the enquest pronounceth not guiltie is acquitted foorthwith and discharged of prison paying the gaolers fées and if he knowe any priuate man who purchased his inditement and is able to pursue it he may haue an action of conspiracie against him and a large amendes but that case chaunceth seldome Certaine orders peculiar to England touching punishment of malefactors CHAP. 24. FOr any felonie manslaughter robberie murther rape and such capitall crimes as touch not treason laesam maiestatem we haue by the Lawe of England no other punishment but to hang till they be dead when they be dead euerie man may burie them that will as cōmonly they be Heading tormenting demembring eyther arme or legge breaking vpon the whéele empaciling such cruel torments as be vsed in other nations by the order of their law we haue not yet as few murthers cōmitted as any where nor it is not in the Iudges or the Iustices power to aggrauate or mitigate the punishment of the Lawe but in the Prince onely and his priuie Counsell which is maruellous seldom done Yet notable murtherers many times by the Princes commaundement after they be hanged with corde till they be dead bee hanged with chaines while they rotte in the ayre If the wife kill her husbande shée shall be burned aliue If the seruaunt kill his master hee shalbee drawen on a hurdle to the place of execution it is called petit treason Impoisoners if the person die thereof by a new lawe made in king Henrie the eights time shalbe boyled to death but this mischiefe is rare and almost vnknowen in England Attempting to impoison a man or laying await to kill a man though he wound him daungerously yet if death followe not is no fellony by the lawe of Englande for the Prince hath lost no man and life ought to be giuen we say but for life only And againe when a man is murdered all be principals and shall die euen he that doth but hold the candel to giue light to the murderers For mitigation and moderation of paines is but corruption of Iudges as we thinke Likewise torment or question which is vsed by the order of the ciuill lawe and custome of other countreis to put a malefactor to excessiue paine to make him confesse of him selfe or of his fellowes or complices is not vsed in England it is taken for seruile For what can he serue the common wealth after as a frée man who hath his bodie so haled and tormented if he be not found guiltie and what amends can be made him And if he must die what crueltie is it so to torment him before Likewise confession by torment is estéemed for nothing for if he confesse at the iudgement the tryall of the xij goeth not vpon him If he denie the fact that which he said before hindereth him not The nature of English men is to neglect death to abide no torment And therefore he will confesse rather to haue done any thing yea to haue killed his own father than to suffer torment for death our natiō doth not so much estéem as a mean tormēt In no place shal you sée malefactors go more constantly more assuredly with lesse lamentation to their death than in England Againe the people not accustomed to sée such cruell torments will pitie the person tormented and abhorre the Prince and the Iudges who should bring in such crueltie amongst them and the xij men the rather absolue him There is an olde lawe of England that if any gaoler shall put any prisoner being in his custodie to any torment to the intent to make him an approuer that is to saie an accuser or Index of his complices the gaoler shall dye therefore as a felon And to say the trueth to what purpose is it to vse torment For whether the malefactor confesse or no and whatsoeuer he saith if the enquest of xij do find him guiltie he dyeth therefore without delaye And the malefactour séeing there is no remedie and that they be his countrie men and such as he hath himselfe agreed vnto it do finde them worthie death yéeldes for the most part vnto it and doeth not repine but doth accōmodate him selfe to aske mercie of God The nature of our nation is frée stout haulte prodigall of life and bloud but contumelie beatings seruitude and seruile torment punishment it will not abide So in this nature and fashion our auncient Princes and legislators haue nourished them as to make them stout hearted couragious and souldiers not villaines and slaues and that is the scope almost of all our policie The xij as soone as they haue giuen their verdict are dismissed to goe whither they will and haue no manner commoditie profit of their labour and verdict but onely do seruice to the Prince and commonwealth Of Treason the trial which is vsed for the higher nobilitie and Barons CHAP. 25. THe same order touching trial by enquest of xij men is taken in Treason but the paine is more cruell First to be hanged taken downe aliue his bowels taken out and burned before his face then to be beheaded and quartered and those set vp in diuerse places If anie Duke Marques or any other of the degrée of a Baron or aboue Lord of the Parliament be appeached of treason or anie other capitall crime he is iudged by his péeres and equals that is the yeomanrie doth not go vpon him but an enquest of the Lordes of the Parliament and they giue their voice not one for all but eche seuerally as they do in Parliament beginning at the youngest lord And for Iudge one lord sitteth who is Constable of England for that day The iudgement once giuen he breaketh his

two diuerse gards Many men doe estéeme this wardship by knightes seruice very vnreasonable and vniust and contrarie to nature that a Fréeman and Gentleman should be bought and solde like an horse or an oxe and so change gardians as masters and lordes at whose gouernement not onely his bodie but his landes and his houses should be to be wasted and spent without accounts and then to marie at the will of him who is his naturall Lorde or his will who hath bought him to such as he like not peraduenture or else to pay so great a ransom This is the occasion they say why many gentlemen be so euil brought vp touching vertue and learning and but onely in deintinesse and pleasure and why they be maried very young and before they bee wife and many times do not greatly loue their wiues For when the father is dead who hath the natural care of his childe not the mother nor the vnckle nor the next of kinne who by all reason would haue most naturall care to the bringing vp of the infant and minor but the Lorde of whom he holdeth his land in knights seruice be it the King or Quéene Duke Marquesse or any other hath the gouernement of his bodie and mariage or else who that bought him at the first second or thirde hande The Prince as hauing so many must néedes giue or sell his wardes away to other and so he doeth Other doe but séeke which way they may make most aduauntage of him as of an oxe or other beast These all say they haue no naturall care of the infant but of their owne gaine and especially the buyer will not suffer his warde to take any great paines either in studie or any other hardenesse least he should be sicke and die before he hath maried his daughter sister or cousin for whose sake he bought him and then all his money which he paide for him should be lost So he who had a father which kept a good house and had all things in order to maintaine it shall come to his owne after he is out of wardshippe woods decayed houses fallen downe stocke wasted and gone land let foorth and plowed to the baren and to make amends shall pay yet one yeres rent for reliefe and sue ouster le maind beside other charges so that not of manie yeres and peraduenture neuer he shall be able to recouer and come to the estate where his father left it This as it is thought was first graunted vpon a great extremitie to King Henrie the 3. for a time vpon the warre which he had with his Barons and afterward increased and multiplied to more and more persons and grieuances and will be the decay of the nobilitie and libertie of England Other againe say the ward hath no wrong For eyther his father purchased the lande or it did discend vnto him from his auncesters with this charge And because he holdeth by knightes seruice which is in armes and defence séeing that by age he cannot doe that whereto hee is bound by his lande it is reason he aunswere that profite to the Lorde whereby he may haue as able a man to doe the seruice The first knights in Rome those that were chosen equites Romani had equum publicum on which they serued and that was at the charge of widowes and wards as appeareth by Titus Liuius because that those persons could not doe bodilie seruice to the common wealth Wherfore this is no newe thing but thought reasonable in that most wise common wealth and to the prudent King Seruius Tullius As for the education of our common wealth it was at the first militaire and almost in all things the scope and deseigne thereof is militaire Yet was it thought most like that noble men good knights and great captaines would bring up their wards in their owne feates and vertues and then mary them into like rase and stocke where they may finde and make friendes who can better looke to the education or better skill of of the bringing vp of a gentleman than he who for his higher nobilitie hath such a one to holde of him by knights seruice or would doe it better than he that looketh or may claime such seruice of his ward when age and yeres will make him able to doe it That which is saide that this maner of wardship began in the time of King Henrie the 3. cannot séeme true For in Normandie and other places of Fraunce the same order is And that statute made in King Henrie the thirds time touching wards to him that will wey it wel may séeme rather a qualification of that matter and an argument that the fashion of wardship was long before but of this matter an other time shall be more conuenient to dispute This may suffice to declare the maner of it Of VViues and mariages CHAP. 6. THe wiues in Englande be as I saide in potestate maritorum not that the husbande hath vitae ac necis potestatem as the Romans had in the olde time of their children for that is onely in the power of the Prince and his lawes as I haue saide before but that whatsoever they haue before mariage as soone as mariage is solemnished is their husbandes I meane of money plate iuelles cattaile and generally all moueables For as for lande and heritage followeth the succession and is ordered by the lawe as I shall say héereafter and what soever they gette after mariage they get to their husbands They neither can giue nor sell anie thing either of their husbandes or their owne Theirs no moueable thing is by the law of England constanti matrimonio but as peculium serui aut filijfamilias and yet in moueables at the death of her husbande she can claime nothing but according as hee shall will by his Testament no more than his sonne can all the rest is in the disposition of the executors if he die testate Yet in London and other great cities they haue that lawe and custome that when a man dieth his goods be diuided into thrée partes One thirde is imployed vppon the buriall and the bequestes which the testator maketh in his testament An other thirde part the wife hath as her right and the thirde third part is the dewe and right of his children equally to be diuided among them So that a man there can make testament but of one thirde of his goods if he die interstate the funerals deducted the goods be equally diuided betwéene the wife and the children By the common lawe of Englande if a man die intestate the Ordinarie which is the Bishoppe by common intendment sometime the Archdeacon Dean or Prebendarie by preuiledge and prescription doeth commit the administration of the goods to the widowe or the child or next kinsman of the dead appointing out portions to such as naturally it belongeth vnto and the Ordinarie by cōmon vnderstanding hath such grauitie and discretion as shalbe méete for so absolute an authoritie