Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	court_n	england_n	law_n	3,708	5	4.7562	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A16282	The manners, lauues, and customes of all nations collected out of the best vvriters by Ioannes Boemus ... ; with many other things of the same argument, gathered out of the historie of Nicholas Damascen ; the like also out of the history of America, or Brasill, written by Iohn Lerius ; the faith, religion and manners of the Aethiopians, and the deploration of the people of Lappia, compiled by Damianus a ̀Goes ; with a short discourse of the Aethiopians, taken out of Ioseph Scaliger his seuenth booke de emendatione temporum ; written in Latin, and now newly translated into English, by Ed. Aston.; Omnium gentium mores, leges, et ritus. English. 1611	Boemus, Joannes, ca. 1485-1535.; Góis, Damião de, 1502-1574.; Nicolaus, of Damascus.; Léry, Jean de, 1534-1611. Histoire d'un voyage fait en la terre du Brésil.; Scaliger, Joseph Juste, 1540-1609. De emendatione temporum.; Aston, Edward, b. 1573 or 4.	1611 (1611)	STC 3198.5; ESTC S102777	343,933	572

eldest sons of the Kings of England for the time being and now lastly and but lately by our dread soueraigne Lord King Iames vnto Henry Fredericke his eldest son the hopefull issue of a happie father borne certes as euidently appeareth in his minority to bee a perfect mirror of chiualry for the aduancement of our country and common wealth and the subuersion of his enemies The Inhabitants of Wales though they bee much improued yet do they not equall the English in ciuility nor their soile in fertility Their whole Country consisteth of twelue shires that is to say Anglesea Brecknocke Cardigan Carmarden Carnaruon Denbigh Flint Glamorgan Merionneth Mongomerry Pembroke and Radnor-shire and foure bishops Seas to wit the Bishopricke of Saint Dauids the Bishoppricke of Landaffe the Bishopprick of Bangor and the Bishoppricke of Saint Asaphe They haue a language peculiar to themselues yet do they liue vnder the self same lawes the Englishmen do but for because that part of the Island is far remote from London the Kings seat and chiefe tribunal of Iudgement where the lawes are executed and pleas heard for all the Realme and by reason of their different language the King by his commission maketh one of his nobles his deputy or lieutenant vnder him to rule in those parts and to see the peace maintained and Iustice ministred indifferently vnto all This gouernor is called the Lord president of Wales who for the ease and good of the country associate with one Iudge and diuers Iustices holdeth there his Tearmes and Sessions for the hearing and determining of causes within VVales and the Marches This Court is called the Court of the councell of the Marches of VVales the proceedings whereof are in a mixt manner betwixt our common law and ciuill law England accounting Cornwall for one though much differing in language is deuided into 41. parts which are called counties or shires the seuerall names whereof are these following viz. Berck-shire Bedford-shire Buckingham-shire Bishoppricke of Durham Cambridge-shire Cornwall Cumberland Cheshire Devon-shire Dorcet-shire Darby-shire Essex Glocester-shire Huntingdon-shire Hertford-shire Hereford-shire Hampt-shire Kent Lincolne-shire Lecester-shire Lancaster-shire Middle-sex Monmoth-shire Northumberland-shire North-folke Northampton-shire Nottingham-shire Oxford-shire Rutland-shire Richmond-shire Sussex Surrey Suffolke Somerset-shire Stafford-shire Shrop-shire Wilt-shire Westmore-land Worcester-shire Warwicke-shire Yorke-shire Euery shire is diuided either into Hundreds Lathes Rapes or Wapentakes and euery of those into sundry parishes and Constable-weekes and ouer euery shire is one principall gouernor called the Lieutenant of the shire and a Sheriffe to collect money due vnto the King and to account for the same in the Exchequer as also to execute his writs and processes and for the more particular peace of each seuerall part of the country there be ordained in euery Countie certaine of the worthiest and wisest sort of Gentlemen who are called Iustices or conseruators of the peace vnder whom high Constables Coroners petty cōstables headboroughs and tything-men haue euery one their seuerall offices England moreouer is diuided into two ecclesiasticall prouinces which are gouerned by two spirituall persons called Archb. to wit the Archb. of Canterbury who is primate and Metrapolitan of all England and the Archb. of Yorke and vnder these two Archb. are 26. Bishops that is to say 22. vnder the Archb. of Canterbury and 4. vnder the Archbishop of Yorke In the Prouince of Canterbury are these Diocesses bounded as followeth 1 2 The Diocesses of Canterbury and Rochester which haue vnder them all the County of Kent 3 The Diocesse of London which hath Essex Middlesex and a part of Hartford shire 4 The Diocesse of Chitchester which hath Sussex 5 The Diocesse of Winchester which hath Hamptshire Surrey and the Iles of Wight Gernsie and Iersey 6 The Diocesse of Salisbury which hath Wiltshire and Barkshire 7 The Diocesse of Excester which hath Deuonshire and Cornwall 8 The Diocesse of Bath and Wels which hath Somerset shire onely 9 The Diocesse of Glocester which hath Glocestershire 10 The Diocesse of Worcester which hath Worcester shire and a part of Warwicke shire 11 The Diocesse of Hereford which hath Herefordshire and a part of Shropshire 12 The Diocesse of Couentrie and Liechfield which hath Staffordshire Derbyshire and the rest of Warwickeshire with some part of Shropshire 13 The Diocesse of Lincolne which hath Lincolneshire Leicestershire Huntingtonshire Bedfordshire Buckinghamshire and the rest of Hartfordshire 14 The Diocesse of Ely which hath Cambridgeshire and the I le of Ely 15 The Diocesse of Norwich which hath Northfolke and Suffolke 16 The Diocesse of Oxford which hath Oxfordshire 17 The Diocesse of Peterborow which hath Northamptonshire and Rutlandshire 18 The Diocesse of Bristow which hath Dorcetshire And to these are added the foure Bishopprickes of WALES viz. 19 The Bishop of S. Dauids 20 The Bishop of Landaffe 21 The Bishop of Bangor 22 The Bishop of S. Asaph In the Prouince of Yorke are these foure Diocesses comprehended within these limits following viz. 1 The Diocesse of Yorke which hath Yorkeshire and Nottinghamshire 2 The Diocesse of Westchester which hath Chesshire Richmondshire a part of Flintshire and Denbighshire in Wales 3 The Diocesse of Duresme which hath the Bishoppricke of Duresme and Northumberland 4 The Diocesse of Carlile which hath Cumberland and Westmerland And to these are added the Bishoppricke of Sodor in the I le Mona The whole number of Parish Churches and impropriations in all these seueral Diocesses are reckened about 131209. Hauing thus diuided the whole kingdome of England into shires and Bishops seas it resteth to say something of the Citties and Corporations whereof there be so many and that so goodly and so well gouerned by sundry Orders of Officers as I thinke but few countries in Christendome go beyond it of all which London the Metrapolitan citty of the Iland is most famous both for the great concourse of strangers that continually flocke thither from all parts of the world some for merchandize some for manners as also for the conueniencie of the place being situated vpon the famous riuer of Thames beautified with rare sumptuous buildings both of Prince and Peeres who for the most part keepe their resiance in or neare vnto the same as being the only place of Parlament and holding of pleas for the whole Realme And for the great multitude of Students and practitioners in the lawes which there keepe their Termes of pleading foure times in the yeare which set together is about one quarter during which time the Iudges and all other Courts keepe their Courts and Sessions and at other times is vacation and ceasing from execution of the lawes These Iudges Sergeants and other Students and practitioners of all sorts haue their lodgings and dyets in 14. seuerall houses whereof two are only for Iudges and Sergeants and are therefore called the Sergeants Innes the next foure are the foure famous houses of Innes of Court the onely receptacle of Gentlemen students and Councellors the other eight

Queene Margaret in the yeare of our Lord God 1506. 14 Magdalin Colledge founded by the Lord Audley in the yeare of our Lord 1509. and enlarged by Sir Christopher Wrey Lord chiefe Iustice of England 15 Trinity Colledge founded by k. Henry the 8. for the inlarging whereof he added thereunto Michael house and Kings hall and made therof one Colledge in the yeare of our Lord 1546. so as now the names of Michaell house and kings hall is almost worne out of memorie 16 Gonvel and Caius Colledge first founded by one Gonvell about the yeare of our Lord 1348. and perfected by Iohn Caius Doctor of Phisicke and by him called Gonuell and Caius Colledge in the yeare of our Lord 1557. 17 Emanuell Colledge founded by Sir Walter Mildmay in the yeare of our Lord 1588. 18 Sidney-Sussex Colledge founded by Francis Sidney Countesse of Sussex for the erecting whereof she bequeathed at her death fiue thousand pounds it was begun in the yeare of our Lord 1597. Now hauing thus farre spoken of the Country in particular it resteth to say something with like breuity of the seuerall sorts of people that inhabite the same their proceedings in courses of law as well spirituall as temporall and their seuerall Courts The whole number of English men may therefore be diuided into these foure ranckes or degrees of people that is to say Gentlemen or Noblemen Cittizens Yeomen and artificers or labourers Of Gentlemen or Nobility there be two sorts to wit the king himselfe the Prince Dukes Marquesses Earles Vicounts and Barons And this sort of Gentlemen are called Nobilitas maior and the second sort of Gentlemen or Nobility which are also called nobilitas minor consisteth of Knights Esquires and priuat Gentlemen into which ranke of gentry are added Students of the lawes and schollers in the Vniuersities next vnto the Gentry are cittizens whose fame and authority for the most part extendeth no further than their owne citties and boroughes wherin they liue and beare rule sauing that some few of them haue voices in our high Senate of Parlament The third order or degree are the Yeomanrie which are men that liue in the country vppon competent liuings of their owne haue seruants to do their businesse for them serue vpon Iuries and Inquests and haue generally more employment in the gouernement of the common-wealth then citizens haue And the last and lowest sort of our people are artificers or labourers which though they be rude and base in respect of our gentry yet are they much improoued and bettered by conuersing with Gentlemen cittizens and yeomen so as if those authors were now liuing that haue written so contemptuously of all estates of our people vnder the degree of gentry and saw the ciuilitie now generally practised amongst most of vs they would not for some few of the rascalitie censure and condemne all as base and ignoble All these seuerall sorts and degrees of people in our kingdome may more briefly bee deuided into two Orders or ranckes that is to say the Nobilitie and the Commons vnder the title of Nobilitie are comprehended all the Nobilitas maior together with the Bishops that haue place in the vpper house of Parlament and by the commons are meant the nobilitas minor cittizens yeomen and labourers who by common consent elect from amongst them Knights and Burgesses to possesse the lower house of Parlament who haue their voices there in the name of the whole multitude of commons for the making and establishing of lawes ordonances and statutes The Parlament therfore is the highest most absolute Sessions or iudiciall Senate in the whole kingdome consisting of the King himselfe and the Lords spirituall and temporall in their own persons which is the higher house and the whole body of the commons represented by the Knights and Burgesses lawfully elected and those are called the lower house In this high Court of Parlament are such new lawes made and ordained and such old statutes abrogated and annihilated in part or in all as are agre●● vppon by consent of both houses and confirmed by the King so as whatsoeuer is there decreed and constituted is inuiolably to be obserued as established by the generall assembly of the whole kingdome There be three manner of wayes by one custome of England whereby definitiue iudgements are giuen by act of Parlament by battell and by great assise The manner of giuing Iudgement in the Parlament in matters depending betwixt Prince and subiect or partie and party concerning lands and inheritances is by preferring of billes into the houses of Parlament and by the allowance or disallowance thereof but such billes are seldome receiued for that the Parlament is chiefly summoned and assembled for the setling and establishing of matters for the good of the King and common-wealth not to busie themselues in priuate quarrels The triall by battell likewise though it bee not vtterly abrogated and altogether annihilated yet is it quite growne out of vse at this day So as the most vsuall manner of Iudgement is by the verdict of twelue men lawfully impaneled and sworne to giue a true verdict concerning the matter in question be it for life or land or any thing tending to the hurt or good of any subiect whatsoeuer These twelue men ought to be Legales homines as wee terme them that is men of good quality fame and abilitie and they are to giue their verdict according to their euidence before a lawfull Iudge in their Sessions at termes and times vsually appointed for those purposes And for that there be many suites of diuers natures therefore bee the trials therof in diuers courts and before diuers Iudges whereof the chiefest bench or tribunall seate of Iudgement is the Kings bench so called for that the Kings of England haue sat there thēselues in person and this Court is chiefly for pleas of the Crowne the Iudges whereof bee called Iustices of the Kings bench and they be commonly foure or fiue in number whereof one is head and therfore called the Lord chiefe Iustice of the Kings bench and by that place he is also Lord Chiefe Iustice of England Next vnto the Kings bench is the Court of Common pleas which is for all matters touching lands and contracts betwixt partie and partie and of this Court be likewise foure or fiue Iudges the chiefest whereof is called the Lord chiefe Iustice of the Common-pleas and this court may well be called the Common-pleas as being the chiefest place for the exercise of the Common law And there may none plead at the Common pleas barre but Sergegeants at the law onely wheras in all other Courts councellors that be called to the barre may plead their Clyents causes as well as Sergeants The third Court for practise of the common law is the Exchequer where all causes are heard that belong to the Kings Treasury The Iudges of this Court are the Lord high Treasurer of England the Chancelor of the Exchequer the Lord chiefe Baron and

three or foure other Barons which be called Barons of the Exchequer Besides these three Courts of the common law and the court of the Councell for the Marches of Wales whereof I haue spoken before there is a Court for the North part of England which is likewise called the Councell hauing a President Iustices and assistants as in the Councell of Wales and the same forme of proceeding And for the more ease and quiet of the subiect the King by his commission sendeth the Iudges and Barons of the Exchequer twise a yeare into euery seuerall County of the countrie as well to see the lawes executed against malefactors as for the triall and determining of causes depending betwixt partie and party These two Sessions are vsually called the Assises or Goale deliuery and their manner of proceedings is by Iurors who are to giue their verdicts according to euidēce And for because the time of these Iudges commission is ouer short to determine all matters that may arise in halfe a yeare the Iustices of peace in their seuerall Counties haue their Sessions likewise which be kept foure times in the yeare and be therefore called the quarter Sessions in which Sessions are heard and determined all pettie causes for the more ease of the Iudges in their circuits And for the better maintenance of peace in euery part of the Realm there be diuers other petty Courts as county Courts hundred Courts towne Courts Leets Court Barons and such like all which hold plea according to the course of the common law Next vnto these Courts of common law is the Court of Star-chamber which is the court of the kings Councell therin sit as Iudges the L. Chancelor as chiefe the L. Treasurer and the rest of the priuy Councel both spirituall and tēporall to gether with the chiefe Iustices of both benches And in this court be censured all criminall causes as periurie forgerie cousenage ryots maintenance and such like The court of Wards and Liueries is next which is a court of no long continuance being first ordained by Henry the 8. the matters that are determinable in that court are as touching wards and wardships and the Iudges are the Master of the wards and liueries the Atturney of the court of wards and other officers and assistants Then is there the Admirals court which is only for punishment of misdemeanors done at sea the Iudges of which court be the Lord high Admirall of England and a Iudge with other officers The Duchie court which is a court for the determining of matters depending within the Duchy of Lancaster wherein be Iudges the Chancelor of the Duchie and the Atturney And a late erected court called the court of the Queens reuenues for the deciding of controuersies amongst the Queenes tenants Next vnto these are the courts of Equity which are the Chancery and the court of Requests The court of Chancery which is commonly called the court of conscience is chiefly for the mitigation of the rigor of the cōmon lawe wherein the Lord high Chancelor of England is chiefest Iudge and moderator to whom are ioyned as assistants the M. of the Rolles and certaine graue Doctors of the ciuill law which are vsually called Masters of the Chancery The court of Requests is much like to the Chancery and is chiefly for the kings seruants the Iudges wherof are the Masters of Requests which bee alwaies reuerent men and well seen in the ciuill law and one of them is euer attendant on the King to receiue supplications and to answer them according to the Kings pleasure Hauing thus passed ouer the seueral courts of common law the courts of Equity and those which are of a mixt nature betwixt the common ciuill law I wil only name the spirituall courts the chiefest wherof are these The first and most principal is the conuocation of the Clergy which is a Synod of the chiefest of the Clergie of the whole Realme held only in Parlament time in a place called the Conuocation house where cannons are ordained for church-gouernment And this court may be called a generall Councell next vnto which are the particular Synods of both Prouinces Canterbury and York and are called prouinciall Synods Then is there the Archb. of Cāterburies court called the Arches the court of Audience the Prerogatiue court the court of Faculties the court of Peculiars with many other courts in each seuerall Dioces In all which courts what matters are there handled their Iudges and assistants and all their whole manner of proceedings I leaue to the report of such as are better acquainted in those courts And thus much may suffice for the present estate of our country as it is now in the ninth yeare of the raigne of our dread Soueraign Lord K. Iames the first whome God graunt long to rule and raigne ouer vs. OF IRELAND HIBERNIA an Iland bordering vpon Brittaine on the North and West side and much about halfe as big as Brittaine was so called according to some ab hyberno tempore that is to say of the winter season The ground there is so exceeding rancke and the grasse so pleasant and delicious withall that their beasts in Sommer time will kill themselues with feeding and supersluosly grazing if they be not driuen from pasture some part of the day This Island breedeth neither spider nor toade nor any other venimous or infectious creature nor will any liue that are brought thither out of other Countries but dye instantly as soone as they do but touch this Countries soyle Bees there be none the aire is very temperate and the earth fruitfull and yet be the people exceeding barbarous vnciuill and cruell For those which prooue vanquishers in their battels swill and drinke vp the bloud of their slaine enemies and then defile and gore their owne faces with it And whether they do right or wrong it is all one vnto them When a woman is deliuered of a male child the first meate she giueth him shee putteth into his mouth with her husbands sword point signifying by that manner of feeding and also praying after her countrey fashion that the child may dye no other death but in the field amongst his enemies Their greatest gallants adorne the hilts and pummels of their swords with beasts teeth which bee as white as Iuorie and brought thither out of other countreys And their chiefest delight and greatest glorie is to be souldiers Those which inhabite the hilly and mountainous part of the countrie liue vppon milke and apples and are more giuen to hunting and sporting then to husbandrie The Sea betwixt England and Ireland is very raging vnquiet and troublesome all the yeare long and but in summer hardly nauigable Yet do they sayle ouer it in boates or whirries made of Ozier twigs and couered with Oxe hides or buffe skins they abstaine from meate all the while they are vpon the seas And this sea according to the opinion of the best writers is in breadth one hundred and twenty

made of Cornell trees like vnto their bowes in Scythia and in all the East countrey but of Yew or some other hard wood their Ordinance is caried along with their armies in carts they fight more rather in order one seconding another then in troupes with more courage cruelty then skil or policy although their cunning be sufficient to manage their military businesses Their Embassadors to denounce wars or treate of peace they call Heralds who bee loyall subiects to their Soueraign The French-men be very religious their Bishoppes of mighty power and dignitie and all the Clergie in general of high reuerence veneration in their diuine ceremonies they vse much singing by reason whereof the studie of musicke is in a manner peculiar to that nation Their fashions in their apparell and shooes be much altered in our age for sayth Sabellicus when I was a boy all the Courtiers and Gentlemen of France the Clergie only excepted wore short cloakes with sleeues that would hardly reach to their mid thighes pleated from the top to the bottome and stuffed or quilted about the shoulders Their shooes were tipped on the snoutes with thin horns halfe a foote long such as are pictured in arras and tapestrie and their bonnets which they called Bireta were high and sharpe towards the Crowne but all these auncient fashions be now laid away and new fangles inuented for the shooes they now weare be broad-nosed like a Beares foot and narrow heeled and their garments bee much more loose long then before they were reaching down to the calues of their legges with loose sleeues slit on one side and laced all ouer with lace of diuers colours set on lattise-wise their hats bee for the most part redde and very large but their bonnets called Bireta bee much bigger then their ordinary hats and very vnfitting for their heads butotherwise were it not for these vnhandsome hats no nation could compare with them for neatnesse and gallantnesse in apparell And now of late yeares their maner of attire is much imitated by the Italians who do wholly follow the French fashion manifestly presaging thereby what afterwards came to passe The women be not so variable fickle in following euery new fashion as the men be but keepe their old fashion still Baptista Mantuanus in his booke intituled Dionysius maketh a description of France to this effect Of all the parts of th' Vniuerse faire France is not the least A wide a large and spatious land and equall to the best It east-ward ioynes to Italy and west-ward vnto Spaine And compassed vpon the South with the huge Ocean maine And wholly bounded on the north with famous riuer Rh●i●e With men beasts and all sorts of graine this land doth much abound The earth is fruitfull and the ayre is whol some sweet and sound Not p●stred with such poysonous beasts as is the Lybian coast Nor like the Hyperborean hils still mantled or'e with frest It is not fryde like India pale with Phoebus scorching beames Which barren makes the fattest fields on whom he spreads his gleams Nor is there such extream sharpe cold nor such perpetuall night Like Island and the frigid Zone where Sol scarce shewes his light Nor doth their land lye soakt in fennes like vnto Aegipts soyle But temperate heate and moyst doth yeeld inc●ease with little toyle And a litle after the same Author sayth The Gauls are of a fiery mind and of complexion white Which is the cause they were so cald as diuers Authors write Nature beheld the Paphian Queen when shee gaue them their hew Whereby of colours white and red a perfect vnion grew In dancing playes and pleasant verse consist their chiefest ioyes Most pron● they are to banquetting most prore to Venus toyes Yet be they zealous towards their God and for they are free borne Tabase themselues with seruitude their haughty minds do scorne No lying nor hypocrisie can harbor in their brest But like free men so free of speech all rudenes they detest To hunt fish f●wle the fields and flouds and hils they often haunt Long wars hath so inured them no foes their minds can daunt Their chiefst delight is barbed horse with yerking spur to gall Bowes speares shields swords and Brigandines to them are naturall By day to suffer heate of Sunne to watch in fields all night To beare huge armor on their backes amid their foes to fight To run through dangers swords and pikes t' oppose themselues to death For king or kin or country deare to spend their dearest breath They much delight and there in thinke their honor most doth stand And for the Goate if stars speake truth is ruler of their l●nd From 's influence if we so may iud●e this is th' effect insues A wauering heart vnconstant brest mind greedy still of newes I thinke it not amisse in this place to make some description of the Parlament of France which is the worthiest commendation and greatest ornament belonging to the Court of France by whom or from whence this court of Parlament was first instituted and deriued I can gather no more certaintie by writers than I haue signified before that by all likelihood the Druides were the first authours thereof and that it hath continued euer since though now much differing from what it then was for the Parlament as the Councell of the Druides before was held yearely at Lyons at times appointed by the King in this manner They assembled thither frō each seueral city of the Prouince all such as were skilfull in their lawes and customs beeing thereto chosen aforehand to do equitie and iustice vnto all that would bring their causes before them by way of appeale but because this institution was at the first vncertaine and not well setled the seate of this Court of Parlament was afterwards translated from Lyons and is now established at Paris and certaine Iudges appointed to heare and finally to determine all appeales whatsoeuer of these Iudges there be foure-score which haue annuall stipends out of the Kings Exchequer for their better maintenance They be diuided into foure Courts and euery Court aboue other and each hath his proper Presidents or chiefe Iustices In the first Court or Chamber as they call it sit soure chiefe Iudges or Presidents and thirtie Councellors or Assistants and these heare all complaints controuersies and delayes and set downe what is Law in euery case and if the matters be light or lately begun they end and determine them In the second and third Court or Chamber sit in each eighteene whome they call Aequati as hauing equall authoritie and these be called Councellers of Inquests Inquisitions because they haue the chiefe stroke in Inquisitions and verdicts and of them some be lay and some Clergie-men and each of these chambers or courts hath foure Presidents These when they haue set downe their opinions touching any matter in question some one of the Presidents at certaine times appointed deliuereth their sentence

cittie to be sacrificed to Apollo a measure of fine wheate flower called Medimnum containing sixe Modia and a measure of wine called a Laconian quart In the beholding of single combats the Kings preceded and gouerned certaine places hauing for their assistants what Cittizens they pleased And each king might choose two Pitheans which were such as were wont to be sent to Delphos to aske counsell of the Oracle and these did commonly diet with the Kings The Kings allowance when they came not to meales in the vsuall place was two measures full of fine flower called Chaenices or Chaeniae which is much about halfe one of our peckes and a measure full of wine called Cotyla that is as much as Sextarius which is about a pinte and an halfe English but when they were present they had double in quantitie as much of euery thing as all the rest that sate with them The Kings were to determine who should be husbands of orphane maydes whose parents were deceased whether he to whome the father bequeathed her or hee on whome the mother bestowed her they had power also ouer common wayes and ouer such as made adopted sons against the kings minds they had seates in the Councell or Senate-house which consisted of 28. Senatours wherein they might sit at their pleasures but if they would not come thither then two of the Senatours which were most neere and deare vnto them represented their persons and had power to pronounce to voyces or suffrages for the Kings and two other for themselues And such were the honors and dignities giuen to the Kings by the Common-wealth of Sparta while they liued and when they were dead these following First certaine hors-men proclaimed and divulged the Kings death throughout all Laconia the like was done also by certaine women which walked vppe and downe about the cittie striking and beating vpon pots or kettles which done there must of euery house two one man and one woman and both free-borne be stayned soyled and defiled with weeping and lamenting which if they refused to do they were seuerally punished The Lacedemonians vsed the same orders in their Kings Funeralles as the barbarous people of Asia did for in this manner did most of those barbarous people bury their Kings The death of the King beeing thus divulged the cittizens of Sparta summoned all their friends and kinsfolkes out of all the Countrey of Lacedemonia to the funerall And after many thousands both of them and of their seruants as also of the Spartans themselues were there assembled both men and women mingled together they lamented and wept beating and striking vppon their forheads and roaring and howling most bitterly concluded their lamentation with this saying That this last deceased king was the best of all their kings And if any of their kings were slaine in the wars they fashioned and pourtrayed an image like vnto him and laying it vpon a bed very richly furnished spent some ten dayes in the interring thereof during which time there was continual vacation and ceasing from prosecuting lawes and exercising iustice in places iudiciall nor was there any Sessions of Magistrates or Officers in all that time but continuall lamentation and bewayling And in this the Lacedemonians agreed with the Persians for when the Lacedemonian King was dead he which succeeded him pardoned and released euery Spartane of all his debt what euer it was that he owed either to the King or Common-wealth And so likewise in Persia he which was newly created king remitted and forgaue vnto all the Cittizens their tribute which they owed In this also the Lacedemonians imitated the Aegiptians for in Lacedemonia as wel as in Aegipt both Cryers Minstrels and Cookes succeeded their fathers in their arts and occupations so as a Cooke was begott by a Cooke a Trumpetter by a Trumpetter and a Cryer by a Cryer Nor did any intrude themselues into another mans function or calling but perseuered and continued in their fathers trade and vocation Of the I le of Creete and of the customes most common amongst the Cretensians CAP. 4. CREETE which is also called Candy is an Iland-situated in the Mediterranian sea and very famous and renowned for hauing in it an hundred Citties This Iland as Strabo writeth is compassed vppon the north with the Aegean Creetish sea and with the Libican or Africane sea vppon the South it lyeth towards Egila and Cythera vpon the west and hath vppon the East the I le Carpathus which lyeth in the midst betwixt Rhodes and Creete The whole Iland containeth in length two hundred and seuentie myles and fiftie myles in breadth and the circuite or compasse round about the Island is fiue hundred eightie and eight myles The most renowned Citties of Creete be Gortyna Cydonea Cnossus and Minois or Minon which is the Kings seate And of all the hilles in the countrey the hill Ida is most famous as beeing of an exceeding and wonderfull height the length whereof as Apollodorus saith is two thousand and three hundred Stadia and fiue thousand and more in compasse but Artimedorus saith That it is not so much in compasse by a thousand stadia In Creete liue no noysome or offensiue creatures there be neither Serpents nor owles bredde and if any be brought thither from other places they dye instantly There be aboundance of Goates but few or no Deere at all it yeeldeth great store of the best and daintiest wines and produceth an herbe called Diptamus which is a byting and drawing hearbe and by vs called Dittanie Dittander or garden Ginger and the Alunosa which beeing eaten is a present remedie against extreame hunger It bringeth foorth also the poysoned and venimous Sphalangi and a pretious stone called Idaeus Dactylus It was first called Cureta of the Inhabitants of Curetes and now by contraction Creete Some others say it was called Creete of one Cres who was sonne vnto Iupiter king of the Curetes and some of Crete the Nymph who was daughter to Hesperides The people at the first were very rude and barbarous till Rodomanthus reduced them to more ciuilitie and better manners after whome succeeded Minois who adorned and furnished them with more equitie and iustice Plato sayth that the Lacedemonians and other auncient citties of Greece deriued their lawes and ordinances from Creete But the good estate of that nation was ouerthrowne and turned vp-side downe first by the gouernement of Tyrants and afterwards by the robberie and warres of the people of Cilicia For the Cretans were very studious in diuers sciences and desirous of libertie which they esteemed their Summum bonum and supposed they possessed all such things as were not subiect to the wanton lusts and vnlawfull desires of Tyrants They had a great care prouident respect and regard of Concord and Amitie as they be mortall enemies to Discord and Sedition which are the nurses and fosterers of Couetousnesse and vnsatiable desire of riches and therefore the people of Creete in auncient

it is almost incredible to report how much of that liquor those immodest and druken people will deuoure and swallow vppe at one sitting vtging and inforcing one an other to drinke till they bee worse then bruitish swine not thinking they haue enough when they are so drunke as they lie wallowing in their owne vomit but euen then they will sticke close to it night and day vntill they be sober againe and he which drinketh most and out sitteth them all is not onely highly extolled and commended of the rest for that notable exploite but also in signe of victory and triumph hath giuen him a garland or nosegay made of roses and sweete flowers or else some other reward for which they contended This their wicked and beastly custome of drinking is now the more pity disperced ouer all Germany so as all of them in generall doe now drinke stronge wines as liberally as the Saxons doe their ale to their inspeakeable hindrance and hazard of their healthes in such sorte as not content to doe ill themselues if any stranger or other come into the roome where they bee drinking they will rise vp and reach him their cuppes perswading him very earnestly for to sit downe and to beare them company accounting him their enemy if hee looke for much bidding or inuiting or refuse to drinke without shewing iust cause which hatefull disorder is oftentimes the cause of bloud-shed and murther These quaffing Saxons fare very hardly and sluttishlie for their vsuall meate is small guttes or chitterlings dried rawe onyons fat bacon and salte butter and they seeth their meate vpon sunday to serue them all the weeke after They feed not their young children as we do with pap or pottadge made of milke and flowre but with more solide and stronger meates which is first champed or chawed in the nurses mouth and so giuen the children to swallow downe which kinde of diet when they be young maketh them more stronge and lusty and better able to indure extremities The Saxons haue a peculiar language to themselues but in their apparel and other things there is no difference betwixt them and the Germaines Of Westphalia and of the manner of Iudgement ordained for the Westphalians by Charles the Great CAP. 14. WESTPHALIA is comprehended and included within the bounds and limits of Saxony hauing vpon the East the riuer of Rhene Visurgus or Visera vpon the West Frizland and Holland vpon the North and vpon the South the hils of Hassia which Ptolomeus calleth Obnobij out of which hils springeth the riuer Amasis which running by the two renowned cities Padeburne Monasterium diuideth the Prouince as it were into two parts and so passing by Frizland is carried into the sea There is also the riuer Sala which is famous for the notable ouerthrow of Drusus sonne in law to Augustus This country as Strabo writeth was first inhabited by a people called Dructerij and as others write by the Sicambry This people beeing subdued by Charles the French King surnamed Charls the Great was by him induced or rather inforced to imbrace the Christian religion whereto they were hardly drawne and being a mutinous and rebellious people euer when they rebelled they would returne againe to the worshipping of Idols nothing regarding the true faith nor their othes whereby they were obliged to obserue and keepe it which when Charles perceiued to the end that he might bridle and restraine their temerity and rashnesse with feare of corporall punishment he ordained secreat Iudges and gaue them full power and authority to execute Iudgement at their pleasures without tryall or purgation vpon all such as had either violated their oths abrogated their faith or otherwise committed any notable villany In choosing of which Iudges he had a speciall care and regard to elect iust and vpright men that the guiltlesse and innocent might not be punished without cause This law and manner of execution thereof strooke a great terror into the Westphalians and at length inforced them to continue in the faith seeing before their eyes both noble men and meane men hanged and trust vp in trees without any accusation or trial at all and vnderstanding that they were executed either for breach of their faith or some such other heinous offence This kinde of Iustice or martiall law is yet in force and is called Iudicium vetitum or Iudicium occultum a hidden or secret sentence and the Iudges or executioners of that law be called Scabini who be now growne so presumptuous and insolent as they would challeng and vsurpe the like liberty and iurisdiction ouer all Germany They haue secret customes and hidden lawes knowne to few more then themselues whereby they doome men to death and it is very hard to finde out their manner of proceedings for neither feare nor reward can allure any one of them to reueale their secrets The maior part of those Scabini be not discouered what they are but goe vp and down the country like Promooters noting mens faults and accusing them for their offences in places of Iudgement and arraiging them as their custome is which done the malefactors be condemned their names inroled in a catalogue and so deliuered to the Iunior Scabini to whom the execution belongeth by which meanes many euil doers loose their liues that neuer knew of their condemnations But this their manner of Iudgement is now much altered and degenerated from his first perfection for sometimes very base and meane persons be admitted into that office and those whose power and function was onely to find out offenders and punish misdeameanors doe now busie and occupy themselues in al other ordinary businesses The country of Westphalia is cold and very bare of wine and al kind of graine their bread is brown course and their drinke or beere made of barley for the wine which is brought vnto them by the riuer of Rhene is maruelous deere and therefore little vsed vnlesse of the wealthier sort of people The natural inhabitants be both warlike and witty whereof insueth this prouerbe That Westphalia breedeth more flatterrers then fooles it is vnder the iurisdiction of the Bishop of Colen Of Franconia and of the nature and customes of that Country CAP. 15. FRANCONIA or East France is a part of Germany scituated in the very heart middle of the country it was so called of the Sycambrians who expelling thence the Alani in the raigne of the Emperor Valentinian were after called Franci It is inuironed on the south with Sueuia Boioaria with the riuer Rhene on the west vpō the east lieth Bohemia and Hassia and Thuringia two Prouinces of Saxonie vppon the North. This countrie is on all sides so inclosed with huge thick woods and cragged mountains as the passage into it is both dangerous and difficult yet within it is very euen ground garnished and adorned with an innumerable sort of Citties walled townes and fortified Castels and Villages It is inuironed

him at his pleasure but to the end that no one should be ouerthrowne or spoiled by anothers enuie or malice without cause there was this prouision made that the accused might challenge the single combat with one of his accusérs and if he ouercame the other he scaped free and forfeited nothing He that killed his Duke was killed himselfe and all his goods confiscate for euer without redemption and he that stirred vp sedition against him forfeited to the Duke 600. shillings When an armie was conducted into the enemies land the souldiers had no cause to fall out amongst thēselues for prouision for euery one might take what would serue his turn but he which wrangled without cause was forced either to yeeld himselfe to the law of armes in that case prouided or suffer fifty stripes with a truncheon before his Lieutenant And the Lieutenants and Gouernors were to haue a special care euery one with in his limits or county that the souldiers did not spoile prey vppon the enemie before they were commanded by the Duke for if any fault were committed through their negligence they were to make it good If a free-man damnified or wronged another he was constrained to make good as much as the party was hindred and was amerced besides at 40. shil but such offences were death in seruants and their master made restitution for them because they forbad them not the committing of such crimes If a seruant stole or purloyned any thing from the soldiers in the campe and was therof conuicted he lost his hand for that offence and his master notwithstanding restored the value of the goods stolne and a free-man for such a fault was mulcted at forty shillings ouer and aboue the due restitution of the thing stolne If any one were commanded by the king or duke to kill another and he did it the king or duke which commanded him ought for euer after to defend and protect him from danger if the king or duke which was his protector died his next successor did take vpon him the like warrantie and protection of that man If the Duke were so stubborn and rebellious as to contemne and despise the decrees of the king he was depriued of his Duke-dome and was vtterly void of all hope euer to recouer his former estate and dignity If the Duke had a son so froward foolish or arrogant as through the counsell and abetting of lewd and euil persons he went about to depose his father from his gouernment so that his father were yet well able to gouerne to conduct an armie to get vp vpon his horse and to carry armes and was neither deafe nor blind well able to performe the kings command he was dis-inherited and for euer after vncapable of the Dukedome or if his father pleased he was banished to perpetuall euile for offending his father in so high a degree against the law He that by rashnesse indiscretion or drunkennesse bred a scandall in the Dukes Court forfeited forty shillings and was for euer after lyable to make good the value of the inconuenience that arose of that ill example but a seruant for such a fault lost his hand If any thing were found in the Dukes Court and taken vp and concealed one night vnreuealed it was accounted theft and such an offendor forfeited into the Dukes Exchequer fifteene shillings because the Dukes house was accounted a publike house He that detracted or by his ill speeches depraued the Dukes gouernement was punished at fifteen shillings and forced to finish and make perfect all that he was commanded to do that all pleas or suites might be dispatched and ended euery fifteenth day in each seuerall Countie of the countrie for the doing wherof all the free-men assembled together and they which neglected the meeting forfeited fifteene shillings the Iudge to the end hee might do iustice and iudge vprightly had a booke of the law lying open before him which serued as a rule and pattern wherby to iudge of all controuersies And if the inditement were without partialitie and that he iudged vprightly without respect of persons or rewards hee then had and enioyed to himselfe the ninth part of the composition but if the iudgement were partiall or smelled of briberie he forfeited the double value of that which by his false sentence and corruption was payed and was fined moreouer at forty shillings He which killed the Duke payd either vnto his friends or vnto the king for composition 1460. shillings whereof his friends had six hundred And it was euer obserued that the composition for the death of the Duke was three times as much as for the death of any of his friends The Agilolsingi out of which family the Dukes be euer created had the fourth part of the composition and then the Huosi the Trozzi the Sagavi the Hahilingi and the Aennonni had the one halfe of that which remained Hee that killed a free-man payd either vnto the Duke or vnto his parents that was slaine 8. pounds hee that put out a free-mans eye or cut off his hand or foot payed 40. shillings he that lamed him payd 12. shillings and for a maim 20. shillings for a wound 3. shillings for striking out a cheeke tooth or grinding tooth 12. shillings and for euery other tooth 6. shillings They were very strictly forbidden to molest or hurt strangers in so much as he which iniured any of them payd vnto the party grieued the double value of the wrong sustained and besides forseited 8. pounds into the Dukes Exchequer he that slue a stranger forfeted an hundred pounds in gold If a seruant molested or sold a free-man were complained of to the Iudg he escaped not without some great punishment as the losse of hand or eye Libertines which had bin manumitted made free had more easie compositions by the one halfe then those which were free-born All incestuous mariages were there vtterly prohibited so as it was not lawful for any man to marry his first wiues mother his sonnes wife his daughter-in-law his step mother his brothers or sisters daughter his brothers wife or wiues sister and those which offended in any of these points all his goods were confiscate by the Iudge hee that prophaned the Lords day with any manner of worke after the first warning and admonition had fiftie lashes vpon the backe with a whip and if he offended againe the second time he forfeited the third part of all his goods and for the third offence he lost his libertie for it is fitting that he which will not be free vpon that day shold be a slaue for euer after A seruant for labouring vpon the Lords day was beaten but if he held on his course without amendement his right hand was cut off And a stranger for the like fault hauing beene warned aforehand paid 12. shillings He that detained a freeman against his will in seruitude and bondage or forcibly tooke away his inheritance or goods was forced to