In London also the houses of students at the Common law are these.
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Sergeants In. Graies In. The Temple. Lincolnes In. Dauids In. Staple In. |
Furniuals In. Cliffords In. Clements In. Lions In. Barnards In. New In. |
And thus much in generall of our noble vniuersities, whose lands some gréedie gripers doo gape wide for, and of late haue (as I heare) propounded sundrie reasons, whereby they supposed to haue preuailed in their purposes. But who are those that haue attempted this sute, other than such as either hate learning, pietie, and wisedome; or else haue spent all their owne, and know not otherwise than by incroching vpon other men how to mainteine themselues? When such a motion was made by some vnto king Henrie the eight, he could answer them in this maner; Ah sirha, I perceiue the abbeie lands haue fleshed you and set your téeth on edge, to aske also those colleges. And whereas we had a regard onelie to pull downe sinne by defacing the monasteries, you haue a desire also to ouerthrow all goodnesse by subuersion of colleges. I tell you sirs that I iudge no land in England better bestowed than that which is giuen to our vniuersities, for by their maintenance our realme shall be well gouerned when we be dead and rotten. As you loue your welfares therfore, Now abbeies be gone, our dingthrifts prie after church and college possessions. follow no more this veine, but content your selues with that you haue alreadie, or else seeke honest meanes whereby to increase your liuelods, for I loue not learning so ill, that I will impaire the reuenues of anie one house by a pennie, whereby it may be vpholden. In king Edwards daies likewise the same was once againe attempted [as I haue heard] but in vaine, for saith the duke of Summerset among other spéeches tending to that end, who also made answer therevnto in the kings presence by his assignation; If lerning decaie, which of wild men maketh ciuill, of blockish and rash persons wise and godlie counsellors, of obstinat rebels obedient subiects, and of euill men good and godlie christians; what shall we looke for else but barbarisme and tumult? For when the lands of colleges be gone, it shall be hard to saie, whose staffe shall stand next the doore, for then I doubt not but the state of bishops, rich farmers, merchants, and the nobilitie shall be assailed, by such as liue to spend all, and thinke that what so euer another man hath is more meet for them, and to be at their commandement, than for the proper owner that hath sweat and laboured for it. In quéene Maries daies the weather was too warme for anie such course to be taken in hand, but in the time of our gratious quéene Elizabeth, I heare that it was after a sort in talke the third time, but without successe as mooued also out of season, and so I hope it shall continue for euer. For what comfort should it be for anie good man to sée his countrie brought into the estate of the old Gothes & Vandals, who made lawes against learning, and would not suffer anie skilfull man to come into their councell house, by meanes whereof those people became sauage, tyrants, and mercilesse helhounds, till they restored learning againe, and thereby fell to ciuilitie.
OF THE PARTITION OF ENGLAND INTO SHIRES AND COUNTIES.
CHAP. IV.
In reding of ancient writers, as Cæsar, Tacitus, and others, we find mention of sundrie regions to haue béene sometime in this Iland, as the Nouantæ, Selgouæ, Dannonij, Gadeni, Oradeni, Epdij, Cerones, Carnonacæ, Careni, Cornabij, Caledonij, Decantæ, Logi, Mertæ, Vacomagi, Venicontes, Texali or Polij, Denani, Elgoui, Brigantes Parisi, Ordouici aliàs Ordoluci, Cornauij, Coritani, Catieuchlani, Simeni, Trinouantes, Demetæ, Cangi, Silures, Dobuni, Atterbatij, Cantij, Regni, Belgæ, Durotriges, Dumnonij, Giruij, Murotriges, Seueriani, Iceni, Tegenes, Casij, Cænimagni, Segontiaci, Ancalites, Bibroci, and Kentishmen, and such like. But sith the seuerall places where most of them laie, are not yet verie perfectlie knowne vnto the learned of these daies, I doo not meane to pronounce my iudgement vpon such doubtfull cases, least that in so dooing I should but increase coniectures, and leading peraduenture the reader from the more probable, intangle his mind in the end with such as are of lesse value, and things nothing so likelie to be true, as those which other men haue remembred and set downe before me. Neither will I speake oughts of the Romane partitions, & limits of their legions, whose number and place of abode, except of the Victorian and Augustane, is to me vtterlie vnknowne.
Alfred brought England into shires, which the Britons diuided by cantreds, and the first Saxons by families. It shall suffice therfore to begin with such a ground as from whence some better certeintie of things may be deriued, and that is with the estate of our Iland in the time of Alfred, who first diuided England into shires, which before his daies, and since the comming of the Saxons, was limited out by families and hidelands, as the Britons did the same in their time, by hundreds of townes, which then were called cantreds; as old records doo witness.
Into how manie shires the said Alfred did first make this partition of the Iland, it is not yet found out; howbeit if my coniecture be anie thing at all, I suppose that he left not vnder eight and thirtie, sith we find by no good author, that aboue fifteene haue beene added by anie of his successours, since the time of his decease. This prince therefore Shire and share all one. hauing made the generall partition of his kingdome into shires, or shares, he diuided againe the same into lathes, as lathes into hundreds, and hundreds into tithings, or denaries, as diuers haue written; and maister Lambert following their authorities, hath also giuen out, saieng almost after this maner in his description of Kent; "The Danes (saith he) both before, & in the time of king Alfred, had flocked by the sea coasts of this Iland in great numbers, sometimes wasting and spoiling with sword and fire, wheresoeuer they might arriue, and somtime taking great booties with them to their ships, without dooing anie further hurt Englishmen noisome to their owne countrie. or damage to the countrie. This inconuenience continuing for manie yéeres togither, caused our husbandmen to abandon their tillage, and gaue occasion and hardinesse to euill disposed persons, to fall to the like pillage, as practising to follow the Danes in these their thefts and robberies. And the better to cloake their mischeefe withall, they feigned themselues to be Danish pirats, and would sometime come a land in one port, and sometime in another, driuing dailie great spoiles (as the Danes had doone) vnto their ships before them. The good king Alfred therefore (who had maruellouslie trauelled in repelling the barbarous Danes) espieng this outrage, and thinking it no lesse the part of a politike prince, to root out the noisome subiect, than to hold out the forren aduersarie: by the aduise of his nobilitie, and the example of Moses (who followed the counsell of Iethro his father in law to the like effect) diuided the whole realme into certeine parts or sections, which (of the Saxon word Schyran, signifieng to cut) he termed shires, or as we yet speake, shares, or portions, of which some one hath fortie miles in length (as Essex) and almost so manie broad, Hereford foure & twentie in length, and twentie in breadth, and Warwike six and thirtie in length, &c: and some of them also conteine ten, twelue, thirteene, sixtéene, twentie, or thirtie hundreds, more or lesse, as some hundreds doo sixteene, twentie, thirtie, fortie, fiftie or sixtie townes, out of which the king was alwaies to receiue an hundred able men to serue him in the warres, or a hundred men able to be pledges, and ouer each of the Earle and alderman. portions he appointed either an earle or alderman, or both, to whome he committed the gouernement of the same. These shires also he brake into lesser parts, whereof some were called lathes, of the word Gelathian, which is to assemble togither; other hundreds, for that they enioied iurisdiction ouer an hundred pledges; and other tithings, bicause there were in each of them to the number of ten persons, whereof euerie one from time to time was suertie for others good abearing. He prouided also that euerie man should procure himselfe to be receiued into some tithing, to the end, that if anie were found of so small and base a credit, that no man would become pledge or suertie for him, he should forthwith be committed to prison, least otherwise he might happen to doo more harme abroad. Hitherto master Lambert." By whose words we may gather verie much of the state of this Iland in the time of Alfred, whose institution continued after a sort vntill the comming of the Normans, who changed the gouernement of the realme in such wise (by bringing in of new officers and offices, after the maner of their countries) that verie little of the old regiment remained more than the bare names of some officers (except peraduenture in Kent) so that in these daies it is hard to set downe anie great certeintie of things as they stood in Alfreds time, more than is remembred and touched at this present.
What a lath is. Some as it were roming or rouing at the name Lath, doo saie that it is deriued of a barne, which is called in old English a lath, as they coniecture. From which spéech in like sort some deriue the word Laistow, as if it should be trulie written Lath stow, a place wherein to laie vp or laie on things, of whatsoeuer condition. But hereof as yet I cannot absolutelie be satisfied, although peraduenture some likelihood in their iudgements may séeme to be therein. Other vpon some further consideration affirme that they were certeine circuits in euerie countie or shire conteining an appointed number of townes, whose inhabitants alwaies assembled to know and vnderstand of matters touching their portions, in to some one appointed place or other within their limits, especiallie whilest the causes were such as required not the aid or Léetes. assistance of the whole countie. Of these lathes also (as they saie) some shires had more, some lesse, as they were of greatnesse. (And M. Lambert séemeth to be of the opinion, that the leets of our time wherein these pledges be yet called Franci plegij of the word Free burgh) doo yeeld some shadow of that politike institution of Alfred. But sith my skill is so small in these cases that I dare not iudge anie thing at all as of mine owne knowledge, I will not set downe anie thing more than I read, least I should roue at randon in our obscure antiquities, and reading no more of lathes my next talke shall be of hundreds.
Hundred or wapentake. The hundred and the wapentake is all one, as I read in some, and by this diuision not a name appertinent to a set number of townes (for then all hundreds should be of equall quantitie) but a limited iurisdiction, within the compasse whereof were an hundred persons called Denarie or tithing. pledges (as I said) or ten denaries, or tithings of men, of which ech one was bound for others good abering, and laudable behauiour in the common-wealth of the realme. The chiefe man likewise of euerie denarie or tithing was in those daies called a tithing man, in Tithing man in Latine Decurio Borsholder. Latine Decurio, but now in most places a borsholder or burgholder, as in Burrow. Kent; where euerie tithing is moreouer named a burgh or burrow, although that in the West countrie he be still called a tithing man, and his circuit a tithing, as I haue heard at large. I read furthermore (and it is partlie afore noted) that the said Alfred caused ech man of frée condition (for the better maintenance of his peace) to be ascribed into some hundred by placing himselfe in one denarie or other, where he might alwais haue such as should sweare or saie vpon their certeine knowledge for his honest behauiour and ciuill conuersation if it should happen at anie time, that his credit should come in question. In like sort I gather out of Leland and other, that if anie small matter did fall out worthie to be discussed, the tithing man or borsholder (now officers, at the commandement of the high constable of which euerie hundred hath one at the least) should decide the same in their léetes, whereas the great causes were referred to the hundreds, the greater to the lathes, and the greatest of all to the shire daies, where the earles or aldermen did set themselues, & make finall ends of the same, according vnto iustice. For Twelue men. this purpose likewise in euerie hundred were twelue men chosen of good age and wisedome, and those sworne to giue their sentences without respect of person, and in this maner (as they gather) were things handeled in those daies. Which waie the word wapentake came in vse, as yet I cannot tell; howbeit the signification of the same declareth (as I conceiue) that at the chiefe towne the soldiers which were to serue in that hundred did méet, fetch their weapons, & go togither from thence to the field, or place of seruice by an ordinarie custome, then generallie knowen amongst them. It is supposed also that the word Rape commeth a Rapiendo, as it were of catching and snatching, bicause the tenants of the hundred or wapentakes met vpon one or sundrie daies & made quicke dispatch of their lords haruest at once and in great hast. But whether it be a true imagination or not as yet I am vncerteine, and therefore it lieth not in me to determine anie thing thereof: wherefore it shall suffice to haue touched them in this maner.
Fortie shires in England, thirtéene in Wales. In my time there are found to be in England fourtie shires, and likewise thirtéene in Wales, and these latter erected of late yeares by king Henrie the eight, who made the Britons or Welshmen equall in all respects vnto the English, and brought to passe that both nations should indifferentlie be gouerned by one law, which in times past were ordred by diuerse, and those far discrepant and disagreing one from another: as by the seuerall view of the same is yet easie to be discerned. The names of the shires in England are these, whereof the first ten lie betwéene the British sea and the Thames, as Polydor also dooth set them downe.