I might here deliuer a discourse of sundrie rare customes and courts, surnamed barons, yet mainteined and holden in England: but forsomuch as some of the first are beastlie, and therefore by the lords of the soiles now liuing conuerted into monie, being for the most part deuised in the beginning either by malicious or licentious women, in méere contempt and slauish abuse of their tenants, vnder pretense of some punishment due for their excesses, I passe ouer to bring them vnto light, as also the remembrance of sundrie courts baron likewise holden in strange maner; yet none more absurd and far from law than are kept yearlie at Kings hill in Rochford, and therfore may well be called a lawlesse court, as most are that were deuised vpon such occasions. This court is kept vpon wednesdaie insuing after Michaelmasse daie after midnight, so that it is begun and ended before the rising of the sunne. When the tenants also are altogither in an alehouse, the steward secretlie stealeth from them with a lanterne vnder his cloke, and goeth to the Kings hill, where sitting on a mole-hill he calleth them with a verie soft voice, writing their appéerance vpon a péece of paper with a cole, hauing none other light than that which is inclosed in the lanterne: so soone as the tenants also doo misse the steward, they runne to the hill with all their might, and there answer all at once, Here here, wherby they escape their amercements: which they should not doo if he could haue called ouer his bill of names before they had missed him in the alehouse. And this is the verie forme of the court deuised at the first (as the voice goeth) vpon a rebellion made by the tenants of the honour of Raibie against their lord, in perpetuall memorie of their disobedience shewed. I could beside this speake also of some other, but sith one hath taken vpon him to collect a number of them into a particular treatise, I thinke it sufficient for me to haue said so much of both.
And thus much haue I thought good to set downe generallie of the said counties and their maner of gouernance, although not in so perfect order as the cause requireth, bicause that of all the rest there is nothing wherewith I am lesse acquainted than with our temporall regiment, which (to saie truth) smallie concerneth my calling. What else is to be added after the seuerall shires of England with their ancient limits (as they agreed with the diuision of the land in the time of Ptolomie and the Romans) and commodities yet extant, I reserue vnto that excellent treatise of my fréend W. Cambden, who hath trauelled therein verie farre, & whose worke written in Latine shall in short time (I hope) be published, to the no small benefit of such as will read and peruse the same.
OF DEGREES OF PEOPLE IN THE COMMONWEALTH OF ENGLAND.
CHAP. V.
We in England diuide our people commonlie into foure sorts, as gentlemen, citizens or burgesses, yeomen, which are artificers, or laborers. Of gentlemen the first and chéefe (next the king) be the prince, dukes, marquesses, earls, viscounts, and barons: and these are called gentlemen of the greater sort, or (as our common vsage of spéech is) lords and noblemen: and next vnto them be knights, esquiers, and last of all they that are simplie called gentlemen; so that in effect our gentlemen are diuided into their conditions, wherof in this chapiter I will make particular rehearsall.
Prince. The title of prince dooth peculiarlie belong with vs to the kings eldest sonne, who is called prince of Wales, and is the heire apparant to the crowne; as in France the kings eldest sonne hath the title of Dolphine, and is named peculiarlie Monsieur. So that the prince is so termed of the Latine word Princeps, sith he is (as I may call him) the cheefe or principall next the king. The kings yoonger sonnes be but gentlemen by birth (till they haue receiued creation or donation from their father of higher estate, as to be either visconts, earles, or dukes) and called after their names, as lord Henrie, or lord Edward, with the addition of the word Grace, properlie assigned to the king and prince, and now also by custome conueied to dukes, archbishops, and (as some saie) to marquesses and their wiues.
Duke. The title of duke commeth also of the Latine word Dux, à ducendo, bicause of his valor and power ouer the armie: in times past a name of office due to the emperour, consull, or chéefe gouernour of the whole armie in the Romane warres: but now a name of honor, although perished in England, whose ground will not long beare one duke at once; but if there were manie as in time past, or as there be now earles, I doo not thinke but that they would florish and prosper well inough.
Marquesse. In old time he onelie was called marquesse, Qui habuit terram limitaneam, a marching prouince vpon the enimies countries, and thereby bound to kéepe and defend the frontiers. But that also is changed in common vse, and reputed for a name of great honor next vnto the duke, euen ouer counties, and sometimes small cities, as the prince is pleased to bestow it.
Earle. The name of earle likewise was among the Romans a name of office, who had Comites sacri palatij, comites ærarij, comites stabuli, comites patrimonij, largitionum, scholarum, commerciorum, and such like. But at the first they were called Comites, which were ioined in commission with the proconsull, legate, or iudges for counsell and aids sake in each of those seuerall charges. As Cicero epistola ad Quintum fratrem remembreth, where he saith; "Atque inter hos quos tibi comites, & adiutores, negotiorum publicorum dedit ipsa respublica duntaxat finibus his præstabis, quos ante præscripsi, &c." After this I read also that euerie president in his charge was called Comes, but our English Saxons vsed the word Hertoch and earle for Comes, and indifferentlie as I gesse, sith the name of duke was not in vse before the conquest. Coropius saith, that Comes and Graue is all one, to wit the viscont, Viscont. called either Procomes, or Vicecomes: and in time past gouerned in the countie vnder the earle, but now without anie such seruice or office, it is also become a name of dignitie next after the earle, and in degrée before the baron. His reléefe also by the great charter is one hundred pounds, as that of a baronie a hundred marks, and of a knight fiue at the most for euerie fée.
Baron. The baron, whose degrée answered to the dignitie of a senator in Rome, is such a frée lord as hath a lordship or baronie, whereof he beareth his name, & hath diuerse knights or fréeholders holding of him, who with him did serue the king in his wars, and held their tenures in Baronia, that is, for performance of such seruice. These Bracton (a learned writer of the lawes of England in king Henrie the thirds time) tearmeth Barones, quasi robur belli. The word Baro indéed is older than that it may easilie be found from whence it came: for euen in the oldest histories both of the Germans and Frenchmen, written since the conquest, we read of barons, and those are at this daie called among the Germans Liberi vel Ingenui, or Freihers in the Germane toong as some men doo coniecture, or (as one saith) the citizens and burgesses of good townes and cities were called Barones. Neuerthelesse by diligent inquisition it is imagined, if not absolutelie found, that the word Baro and Filius in the old Scithian or Germane language are all one; so that the kings children are properlie called Barones, from whome also it was first translated to their kindred, and then to the nobilitie and officers of greatest honour indifferentlie. That Baro and Filius signifieth one thing, it yet remaineth to be séene, although with some corruption: for to this daie, euen the common sort doo call their male children barnes here in England, especiallie in the north countrie, where that word is yet accustomablie in vse. And it is also growne into a prouerbe in the south, when anie man susteineth a great hinderance, to saie, I am beggered and all my barnes. In the Hebrue toong (as some affirme) it signifieth Filij solis, and what are the nobilitie in euerie kingdome but Filij or serui regum? But this is farre fetched, wherefore I conclude, that from hensefoorth the originall of the word Baro shall not be anie more to seeke: and the first time that euer I red thereof in anie English historie, is in the reigne of Canutus, who called his nobilitie and head officers to a councell holden at Cirnecester, by that name, 1030, as I haue else-where remembred. Howbeit the word Baro dooth not alwaies signifie or is attributed to a noble man by birth or creation, for now and then it is a title giuen vnto one or other with his office, as the chéefe or high tribune of the excheker is of custome called lord chéefe baron, who is as it were the great or principall receiuer of accounts next vnto the lord treasuror, as they are vnder him are called Tribuni ærarij, & rationales. Hervnto I may ad so much of the word lord, which is an addition going not seldome and in like sort with sundrie offices, and to continue so long as he or they doo execute the same, and no longer.
Bishops. Vnto this place I also referre our bishops, who are accounted honourable, called lords, and hold the same roome in the parlement house with the barons, albeit for honour sake the right hand of the prince is giuen vnto them, and whose countenances in time past were much more glorious than at this present it is, bicause those lustie prelats sought after earthlie estimation and authoritie with farre more diligence than after the lost shéepe of Christ, of which they had small regard, as men being otherwise occupied and void of leisure to attend vpon the same. Howbeit in these daies their estate remaineth no lesse reuerend than before, and the more vertuous they are that be of this calling, the better are they estéemed with high and low. They reteine also the ancient name (lord) still, although it be not a little impugned by such as loue either to heare of change of all things, or can abide no 1. Sam b 15.
1. Reg. a 7. superiours. For notwithstanding it be true, that in respect of function, the office of the eldership is equallie distributed betwéene the bishop and the minister, yet for ciuill gouernements sake, the first haue more authoritie giuen vnto them by kings and princes, to the end that the rest maie thereby be with more ease reteined within a limited compasse of vniformitie, than otherwise they would be, if ech one were suffered to walke in his owne course. This also is more to be maruelled at, that verie manie call for an alteration of their estate, crieng to haue the word lord abolished, their ciuill authoritie taken from them, and the present condition of the church in other things reformed; whereas to saie trulie, few of them doo agrée vpon forme of discipline and gouernement of the church succedent: wherein they resemble the Capuans, of whome Liuie dooth speake in the slaughter of their senat. Neither is it possible to frame a whole monarchie after the patterne of one towne or citie, or to stirre vp such an exquisite face of the church as we imagine or desire, sith our corruption is such that it will neuer yéeld to so great perfection: for that which is not able to be performed in a priuat house, will much lesse be brought to passe in a common-wealth and kingdome, before such a prince be found as Xenophon describeth, or such an orator as Tullie hath deuised. But whither am I digressed from my discourse of bishops, whose estates doo daily decaie, & suffer some diminution? Herein neuerthelesse their case is growne to be much better than before, for whereas in times past the cleargie men were feared bicause of their authoritie and seuere gouernment vnder the prince, now are they beloued generallie for their painefull diligence dailie shewed in their functions and callings, except peraduenture of some hungrie wombes, that couet to plucke & snatch at the loose ends of their best commodities; with whom it is (as the report goeth) a common guise, when a man is to be preferred to an ecclesiasticall liuing, what part thereof he will first forgo and part with to their vse. Finallie, how it standeth with the rest of the clergie for their places of estate, I neither can tell nor greatlie care to know. Neuerthelesse with what degrées of honour and worship they haue béene matched in times past De Asia, cap. 12. Iohannes Bohemus in his De omnium gentium moribus, and others doo expresse; and this also found beside their reports, that in time past euerie bishop, abbat, and pelting prior were placed before the earles and barons in most statutes, charters, and records made by the prince, as maie also appeare in the great charter, and sundrie yeares of Henrie the third, wherein no duke was heard of. But as a number of their odious comparisons and ambitious titles are now decaied and worthilie shroonke in the wetting, so giuing ouer in these daies to mainteine such pompous vanitie, they doo thinke it sufficient for them to preach the word, & hold their liuings to their sées (so long as they shall be able) from the hands of such as indeuour for their owne preferrement to fléece and diminish the same. This furthermore will I adde generallie in commendation of the cleargie of England, that they are for their knowlege reputed in France, Portingale, Spaine, Germanie and Polonia, to be the most learned diuines, although they like not anie thing at all of their religion: and thereto they are in deed so skilfull in the two principall toongs, that it is accounted a maime in anie one of them, not to be exactlie seene in the Greeke and Hebrue, much more then to be vtterlie ignorant or nothing conuersant in them. As for the Latine toong No Gréeke, no grace. it is not wanting in anie of the ministerie, especiallie in such as haue beene made within this twelue or fourtéene yeares, whereas before there was small choise, and manie cures were left vnserued, bicause they had none at all. And to saie truth, our aduersaries were the onelie causers hereof. For whilest they made no Bene con, bene can, bene le. further accompt of their priesthood, than to construe, sing, read their seruice and their portesse, it came to passe that vpon examination had, few made in quéene Maries daies, and the later end of king Henrie, were able to doo anie more, and verie hardlie so much, so void were they of further skill, and so vnapt to serue at all.