Angleseie.
Carnaruon.
Merioneth.
Denbigh.
Flint.
Montgomerie.
Which being added to those of England yéeld fiftie and thrée shires or counties, so that vnder the quéenes Maiestie are so manie counties, whereby it is easilie discerned, that hir power farre excéedeth that of Offa, who of old time was highlie honored for that he had so much of Britaine vnder his subiection as afterward conteined thirtie nine shires, when the diuision was made, whereof I spake before.
Od parcels of shires. This is moreouer to be noted in our diuision of shires, that they be not alwaies counted or laid togither in one parcell, whereof I haue great maruell. But sith the occasiō hath growen (as I take it) either by priuilege or some like occasion, it is better briefelie to set downe how some of these parts lie than to spend the time in séeking a iust cause of this their od diuision. First therefore I note that in the part of Buckinghamshire betweene Amondesham, and Beconsfield, there is a peece of Hartfordshire to be found, inuironed round about with the countie of Buckingham, and yet this patch is not aboue three miles in length and two in breadth at the verie most. In Barkeshire also betwéene Ruscombe and Okingham is a péece of Wilshire, one mile in breadth and foure miles in length, whereof one side lieth on the Loden riuer. In the borders of Northamptonshire directlie ouer against Luffeld a towne in Buckinghamshire, I find a parcell of Oxfordshire not passing two miles in compasse.
With Oxfordshire diuerse doo participate, in so much that a péece of Glocestershire, lieth halfe in Warwikeshire & halfe in Oxfordshire, not verie far from Horneton. Such another patch is there, of Glocestershire not far from long Compton, but lieng in Oxford countie: & a péece of Worcestershire, directlie betwéene it & Glocestershire. Glocester hath the third péece vpon the north side of the Winrush neere Falbrocke, as Barkeshire hath one parcell also vpon the selfe side of the same water, in the verie edge of Glocestershire: likewise an other in Oxfordshire, not verie farre from Burford: and the third ouer against Lach lade, which which is parted from the main countie of Barkeshire, by a little strake of Oxfordshire. Who would thinke that two fragments of Wilshire were to be seene in Barkeshire vpon the Loden, and the riuer that falleth into it: whereof and the like sith there are verie manie, I thinke good to giue this briefe admonition. For although I haue not presentlie gone thorough with them all, yet these may suffice to giue notice of this thing, wherof most readers (as I persuade my selfe) are ignorant.
Lieutenants. But to procéed with our purpose. Ouer ech of these shires in time of necessitie is a seuerall lieutenant chosen vnder the prince, who being a noble man of calling, hath almost regall authoritie ouer the same for the time being in manie cases which doo concerne his office: otherwise Shiriffes. it is gouerned by a shiriffe (a word deriued of Schire and Greue, and pronounced as Shire and Reue) whose office is to gather vp and bring his accounts into the excheker, of the profits of his countie receiued, whereof he is or may be called Quæstor comitatus or Prouinciæ. This officer is resident and dwelling somewhere within the same countie, and called also a viscount, Quasi vicarius comitis or Procomes, in respect of the earle (or as they called him in time past the alderman) that beareth his name of the countie, although it be seldome séene in England, that the earle hath anie great store of possessions, or oughts to doo in the shire whereof he taketh his name, more than is allowed to him, through his personall resiance, if he happen to dwell and be resident in the same.
In the election also of these magistrates, diuerse able persons aswell for wealth as wisedome are named by the commons, at a time and place appointed for their choise, whose names being deliuered to the prince, he foorthwith pricketh some such one of them, as he pleaseth to assigne vnto that office, to whome he committeth the charge of the countie, and who herevpon is shiriffe of that shire for one whole yeare, or vntill a Vndershiriffes. new be chosen. The shiriffe also hath his vnder shiriffe that ruleth & holdeth the shire courts and law daies vnder him, vpon sufficient caution vnto the high shiriffe for his true execution of iustice, preseruation from impeachment, and yéelding of accompt when he shall be Bailiffes. therevnto called. There are likewise vnder him certeine bailiffes, whose office is to serue and returne such writs and processes as are directed vnto them from the high shiriffe: to make seisure of the goods and cattels, and arrest the bodies of such as doo offend, presenting either their persons vnto him, or at the leastwise taking sufficient bond, or other assurance of them for their dutifull appearance at an appointed time, when the shiriffe by order of law ought to present them to the iudges according to his charge. In euerie hundred also are one or more High constables. high constables according to the quantitie thereof, who receiuing the writs and injunctions from the high shiriffe vnder his seale, or from anie other officers of the prince, either for the prouision of vittels or for other causes, or priuat purueiance of cates for the maintenance Petie constables. of the roiall familie, doo forthwith charge the petie constables of euerie towne within their limits, with the execution of the same.
In each countie likewise are sundrie law daies holden at their appointed Motelagh. seasons, of which some retaine the old Saxon name, and are called Motelagh, of the word motes and law. They haue also an other called the Shiriffes turne. shiriffes turne, which they hold twise in their times, in euerie hundred, according to the old order appointed by king Edgar (as king Edward reduced the folkmote ordeined by king Arthur to be held yearelie on the first of Maie, vntill the first of euerie moneth) and in these two latter such small matters as oft arise amongst the inferior sort of people, are heard and well determined. They haue finallie their quarter sessions, wherein they are assisted by the iustices and gentlemen of the Gaile deliuerie or great assises. countrie, & twise in the yeare gaile deliuerie, at which time the iudges ride about in their circuits, into euerie seuerall countie (where the nobilitie and gentlemen with the iustices there resiant associat them) & minister the lawes of the realme, with great solemnitie & iustice. Howbeit in dooing of these things, they reteine still the old order of the land in vse before the conquest. For they commit the full examination of all causes there to be heard, to the consideration of twelue sober, graue, and wise men, chosen out of the same countie; and foure of them of necessitie out of the hundred where the action lieth, Inquests. or the defendant inhabiteth (which number they call an inquest) & of these inquests there are more or lesse impanneled at euerie assise, as the number of cases there to be handled dooth craue and require, albeit that some one inquest hath often diuerse matters to consider of. And when they haue (to their vttermost power) consulted and debated of such things as they are charged withall, they returne againe to the place of iustice, with their verdict in writing, according wherevnto the iudge dooth pronounce his sentence, be it for life or death, or anie other matter what soeuer is brought before him. It is also verie often séene, that such as are nominated to be of these inquests, doo after their charge receiued seldome or neuer eat or drinke, vntill they haue agréed upon their verdict, and yeelded it vp vnto the iudge of whome they receiued the charge; by meanes whereof sometimes it commeth to passe that diuerse of the inquest haue béene welneere famished, or at least taken such a sickenesse thereby, as they haue hardlie auoided. And this commeth by practise, when the one side feareth the sequele, and therefore conueieth some one or more into the iurie, that will in his behalfe neuer yéeld vnto the rest, but of set purpose put them to this trouble.
Certes it is a common practise (if the vnder shiriffe be not the better man) for the craftier or stronger side to procure and packe such a quest, as he himselfe shall like of, whereby he is sure of the issue before the charge be giuen: and beside this if the matter doo iustlie procéed against him, it is a world to sée now and then how the honest yeomen that haue Bona fide discharged their consciences shall be sued of Atteinct. an atteinct, & bound to appéere at the Starre chamber, with what rigor they shall be caried from place to place, countie to countie, yea and sometime in carts, which hath and dooth cause a great number of them to absteine from the assises, & yeeld to paie their issues, rather than they would for their good meaning be thus disturbed & dealt withall. Sometimes also they bribe the bailiffes to be kept at home, whervpon poore men, not hauing in their pursses wherewith to beare their costes, are impanelled vpon iuries, who verie often haue neither reason nor iudgement to performe the charge they come for. Neither was this kind of seruice at anie time halfe so painefull as at this present: for vntill of late yeares (that the number of lawiers and atturneies hath so exceedinglie increased, that some shifts must néeds be found and matters sought out, whereby they may be set on worke) a man should not haue heard at one assise of more than two or thrée Nisi priùs, but verie seldome of an atteinct, wheras now an hundred & more of the first and one or two of the later are verie often perceiued, and some of them for a cause arising of sixpence or tweluepence. Which declareth that men are growen to be farre more contentious than they haue béene in time past, and readier to reuenge their quarels of small importance, whereof the lawiers complaine not. But to my purpose, from whence I haue now digressed.
Beside these officers afore mentioned, there are sundrie other in euerie countie, as crowners, whose dutie is to inquire of such as come to their death by violence, to attach & present the plées of the crowne, to make inquirie of treasure found, &c. There are diuerse also of the best Iustices of peax & quorum. learned of the law, beside sundrie gentlemen, where the number of lawiers will not suffice (and whose reuenues doo amount to aboue twentie pounds by the yeare) appointed by especiall commission from the prince, to looke vnto the good gouernement of hir subiects, in the counties where they dwell. And of these the least skilfull in the law are of the peace, the other both of the peace and quorum, otherwise called of Oier and Determiner, so that the first haue authoritie onelie to heare, the other to heare and determine such matters as are brought vnto their presence. These also doo direct their warrants to the kéepers of the gailes within their limitations, for the safe kéeping of such offendors as they shall iudge worthie to commit vnto their custodie there to be kept vnder ward, vntill the great assises, to the end their causes may be further examined before the residue of the countie, & these officers were first deuised about the eightéene yeare of Edward the third, as I haue béene informed.
Quarter sessions. They méeting also & togither with the shiriffes, doo hold their aforesaid sessions at foure times in the yeare, whereof they are called quarter sessions, and herein they inquire of sundrie trespasses, and the common annoiances of the kings liege people, and diuerse other things, Petie sessions. determining vpon them as iustice dooth require. There are also a third kind of sessions holden by the high constables and bailiffes afore mentioned, called petie sessions, wherein the weights and measures are perused by the clarke of the market for the countie, who sitteth with them. At these méetings also vittellers, and in like sort seruants, labourers, roges and runnagates, are often reformed for their excesses, although the burning of vagabounds through their eare be referred to the quarter sessions or higher courts of assise, where they are iudged either to death, if they be taken the third time, & haue not since their second apprehension applied themselues to labour, or else to be set perpetuallie to worke in an house erected in euerie shire for that purpose, of which punishment they stand in greatest feare.