De Republica Anglorum With Intro
De Republica Anglorum With Intro
De Republica Anglorum With Intro
REPVBLICA
ANGLORVM
The maner of governement or
policie of the Realme of Englande,
compiled by the honorable
man Thomas Smyth, Doctor of the
civil lawes, Knight, and Principall
Secretarie vnto the two most worthie
Princes, King Edwarde the sixt,
and Queene Elizabeth.
AT LONDON,
Printed by Henrie Midleton
for Gregorie Seton.
Anno Domini
1583.
1
A NECESSARIE TABLE OF ALL THE
PRINCIPALL MATTERS CONTAINED
IN THIS BOOKE.
That common wealths or governements are not (most commonly) simple but
mixt.
chap. 6 ....................
2
The first & naturall beginning of the rule of a fewe of the best men called in
Greeke, Αριστοκρατια.
chap. 13 ....................
That the common wealth or policie must be according to the nature of the
people.
chap. 15 ....................
Of the second sort of Gentlemen of England called Nobilitas minor, and first of
knights.
chap. 18 ....................
Of Esquiers.
chap. 19 ....................
Of Gentlemen.
chap. 20 ....................
Of Yeomen.
chap. 23 ....................
3
[PREFACE TO THE 1583 EDITION]
TO THE READER
To conceale the graces inspired by God, or the giftes ingraffed by nature, or the
vertues atchived unto ourselves by industrie, in all ages and of all wise men
was accounted unduetifulnesse, unkindnesse and impietie unto that
commonwealth, in the which, and unto the which we are both bred and borne:
but to suppresse the worthie works of any author, may justly be judged not only
injurie to the person, but even envie at the whole world. Wherefore chauncing
upon this short discourse compiled by the honorable knight sir Thomas Smyth,
and considering that the same could not but be a great light unto the ignorant,
and no lesse delight unto the learned in the lawes and policie of sundrie
regiments: I thought it part of my dutie, aswel for reviving of the fame of so
notable a man, as for the publike imparting of so pythie a treatise, to present the
same unto thy indifferent and discreete judgement. Wherein although the errors
and rashnes of Scribes, appearing in the contrarietie and corruption of coppies,
happening both by the length of time sithens the first making, as also by the
often transcripting might justly have been mine excuse or rather discourage: yet
weying the authoritie of the author togither with the gravitie of the matter, I
made no doubt but that the reverence due unto the one, and the recompence
deserved by the other would easily countervail all faults committed by a clarke
& writer. And whereas some termes or other matters may seme to dissent from
the usual phrase of the common lawes of this realme: notwithstanding to him
that will consider that the profession of the maker was principally in the civil
lawes, and therefore not to be expected as one excellent in both, and also that
the finishing of this worke was in Fraunce farre from his librarie, and in an
ambassad even in the midst of waightie affaires, it cannot nor ought not without
great ingratitude be displesant or in any sort disliking. Wherefore (gentle
Reader) accept in good part my zeale and this honorable mans travaile: assuring
thy self that the same framed by an expert workemaister, and forged of pure
and excellent mettall, will not faile in prooving to be a right commodious
instrument. Vale.
4
DE REPUBLICA ANGLORUM
THE MANER OF GOVERNEMENT
OR POLICIE OF THE REALME OF ENGLANDE.
They that have written heretofore of Common wealthes, have brought them into
three most simple kindes or fashions of governement. Where one alone doth
governe, called of the Greekes Μοναρχια (monarchy), where the smaller
number, commonly called of them Αριστοκρατια (aristocracy), and the thirde
where the multitude doth rule Δηµοκρατια (democracy). To rule, is
understoode to have the supreme and highest authoritie of commaundement.
That part or member of the common wealth is saide to rule which doth
controwle, correct, all other members of the common wealth. That part which
doth rule, define and commaund according to the forme of the governement, is
taken in everie common wealth to be just and lawe: As a rule is alway to be
understoode to be straight, and to which all workes be to be conformed, and by
it to be judged: I doe not meane the Lesbians rule which is conformed to the
stone: but the right rule whereby the Artificer and Architect doe judge the
straightnesse of everie worke mans worke, he to be reckoned to make his worke
straightest who goeth neerest to the straightnesse of yt.
5
it. For in asmuch as he attempteth to doe contrarie to the Lawe which is
alreadie put, he be by the lawe justly condemned. If he be to be accompted
justly condemned who is condemned for doing contrarie to the lawe and the
ordinance of that part which doth commaunde.
But this matter yet taketh an other doubt: for of these maner of rulinges by one,
by the fewer part, and by the multitude or great number, they which have more
methodically and more distinctly and perfectly written upon them, doe make
another division and dividing eche into two, make the one good and just, and
the other evill and unjust: as, where one ruleth, the one they call a king
or Βασιλευς, the other τυραννος, a tyrant: where the fewer number, the one
they name a governing of the best men αριστοκρατιαν (aristocracy), or Remp.
optimatum, the other of the usurping of a few Gentlemen, or a few of the richer
and stronger sort ολιγαρχιαν (oligarchy), or Paucorum potestatem; and where
the multitude doth governe, the one they call a common wealth by the generall
name πολιτειαν (commonwealth), or the rule of the people Δηµοκρατιαν
(democracy), the other the rule or the usurping of the popular or rascall and
viler sort, because they be moe in number Δηµοκρατιαν απαντων
(democracy of the whole, in the sense of mob rule).
6
Cities had experience, and a man neede not doubt but that other common
wealthes have followed the same rate. For the nature of man is never to stand
still in one maner of estate, but to grow from the lesse to the more, and so
to decay from the more againe to the lesse, till it come to the fatall end and
destruction, with many turnes and turmoyles of sicknesse and recovering,
seldome standing in a perfect health, neither of a mans bodie it selfe, nor of the
politique bodie which is compact of the same.
So when the common wealth is evill governed by an evill ruler and unjust (as in
the three last named which be rather sickenesse of a politique bodie than
perfect and good estates) if the lawes be made, as most like they be alwayes to
maintaine that estate: the question remaineth whether the obedience of them be
just, and the disobedience wrong: the profit and conservation of that estate right
and justice, or the dissolution: and whether a good and upright man, and lover
of his countrie ought to maintaine and obey them, or to seeke by all meanes to
dissolve and abolish them. Great and hautie courages hathe taken one parte and
this made Dion to rise against Dionysius, and Thrasibulus against the XXX.
tyrantes, Brutus and Cassius against Caesar, and hath bin cause of many
commotions in common wealthes, whereof the judgement of the common
people is according to the event and successe: of them which be learned,
according to the purpose of the doers, and the estate of the time then present.
Certaine it is that it is alwayes a doubtfull and hasardous matter to meddle with
the chaunging of the lawes and governement, or to disobey the orders of the
rule or government, which a man doth finde alreadie established.
7
understanding doth discerne ech nature as in his sinceritie: so seldome or never
shall you finde any common wealthe or governement which is absolutely and
sincerely made of the one above named, but alwayes mixed with an other, and
hath the name of that which is more and overruleth alwayes or for the most part
the other.
Where one person beareth the rule they define a king, who by succession or
election commeth with the good will of the people to that governement, and
doth administer the common wealth by the lawes of the same and equitie, and
doth seeke the profit of the people as much as his owne. A tyraunt they name
him, who by force commeth to the Monarchy against the will of the people,
breaketh lawes alreadie made at his pleasure, maketh other without the advise
of the people, and regardeth not the wealth of his people but the advancement
of him selfe, his faction, and kindred. These definitions do containe three
differences: the obtaining of the authoritie, the maner of administration thereof,
and the butte or marke whereunto it doth tend and shoote. So as one may be a
tyrant by the entrie and getting of the rule and a king in the administration
thereof. As a man may thinke of Octavius and peradventure of Sylla. For they
both comming by tyranny and violence to the rule did seeme to travaile verie
much for the better orderinge of the common wealth, although each after a
diverse maner. An other may be a king by the entrie, and a tyrant by
the administration, as Nero, Domitian, and Commodus: for the empire came to
them by succession, their administration was utterly tyrannicall, of Nero after
five yeares, of Domitian and Commodus very shortly upon their new honour.
Some both in their comming to their Empire, and in the butte which they shoote
at, be kings, but the maner of their rule is tyrannicall: as all the good Emperors
of Rome after Caesar and Octavius and the better Popes of Rome. The
Empereurs claime this tyrannicall power by pretence of that Rogation
or plebiscitum, which Caius Caesar or Octavius obtained, by which all the
people of Rome did conferre their power and authority unto Caesar wholly.
The Pope groundeth his from Christ (cui omnis potestas data est in coelo et in
terra) whose successor he pretendeth to be: yet the generall Councels make a
strife with him, to make the Popes power either Aristocratian or at the
least legitimum regnum, and would faine bridle that absolutam potestatem.
Some men doe judge the same of the kinges of Fraunce, and certaine Princes of
Italie and other places, because that they make and abrogate lawes and edictes,
lay on tributes and impositions of their own will, or by their private Counsell
8
and advise of their friends and favourers onely, without the consent of the
people. The people I do call that which the word populus doth signifie, the
whole body and the three estates of the common wealth: and they
blame Lewes the xi. for bringing the administration royall of Fraunce, from the
lawful and regulate raigne, to this absolute and tyrannicall power and
governement. He himself was wont to glory and say, he had brought the
crowne of Fraunce hors de page, as one would say out of Wardship.
9
this kinde of rule among the Greekes is called τυραννις (tyranny), which of it
selfe at the first was not a name odious: But because they who had such
rule, did for the most part abuse the same, waxed insolent and proude, unjust
and not regarding the common wealth, committed such actes as were horrible
and odious, as killing men without cause, abusing their wives and daughters,
taking and spoyling all mens goods at their pleasures, and were not shepheardes
as they ought to be, but rather robbers and devourers of the people, whereof
some were contemners of God, as Dionysius, other whenthey lyved like divils,
and would yet be adored and accompted for Gods, as Caius
Caligula and Domitian: that kind of administration and the maner also, at the
first not evill, hath taken the signification and definition of the vice of the
abusers, so that now both in Greeke, Latine, and English a tyrant is counted he,
who is an evill king, and who hath no regard to the wealth of his people, but
seeketh onely to magnifie himselfe and his, and to satisfie his vicious and cruell
appetite, without respect of God, of right or of the law: because that for the
most part they who have had that absolute power have beene such.
That which we call in one syllable king in english, the olde english men and the
Saxons from whom our tongue is derived to this day calleth in two
syllabes cyning, which whether it cometh of cen or ken which betokeneth to
know and understand, or kan or kon which betokeneth to be able or to have
power, I can not tell. The participle absolute of thone we use yet, as when we
say a cunning man, Vir prudens aut sciens: the verbe of thother as I [kan, and in
some places and in the older language,] I kon do this, possum hoc facere. By
olde and auncient histories that I have red, I cannot understand that our nation
hath used any other and generall authoritie in this realme neither Aristocraticall,
nor Democraticall, but onely the royall and kingly majestic which at the first
was divided into many and sundrie kinges, each absolutely reigning in his
countrie, not under the subjection of other, till by fighting thone with thother,
the overcommed alwayes falling to the augmentation of the vanquisher and
overcommer, at the last the realme of England grew into one Monarchie.
Neither any one of those kinges, neither he who first had all, tooke any
investiture of the empire of Rome or of any other superiour prince, but helde of
God and hymself, his people and sword, the crowne, acknowledging no prince
in earth his superiour, and so it is kept and helde at this day. Although
king John (by the rebellion of the nobilitie ayded with the daulphin of Fraunce
his power) to appease the Pope who at that time possessing the consciences of
his subjectes was then also his enemy and his most greevous torment (as some
10
histories do write) did resigne the crowne to his legate Pandulphus, and tooke it
againe from him as from the Pope by faith and homage, and a certain tribute
yearly. But that act neither approoved of his people, nor accorded by act of
parliament, was forthwith and ever sithens taken for nothing, neither to binde
the king, then, nor his successours, people, or Realme.
11
kingdome, or rather to be reputed onely as one that hath under him an infinite
number of slaves or bondmen among whom there is no right, law nor
common compact, but onely the will of the Lorde and segnior. Surely none of
the olde Greekes would call this fashion of government Remp.
or πολιτειαν (commonwealth) for the reasons which I have declared before.
Then if this be a societie, and consisteth onely of freemen, the least part thereof
must be of two. The naturalest and first conjunction of two toward the making
of a further societie of continuance is of the husband and the wife after a
diverse sorte ech having care of the familie: the man to get, to travaile abroad,
to defende: the wife, to save that which is gotten, to tarrie at home to distribute
that which commeth of the husbandes labor for nurtriture of the children and
family of them both, and to keepe all at home neat and cleane. So nature hath
forged ech part to his office, the man sterne, strong, bould, adventerous,
negligent of his beautie, and spending. The woman weake, fearefull, faire,
curious of her bewtie and saving. Eche of them excelling other in wit and
wisedome to conduct those thinges which appertaine to their office, and
therefore where their wisedome doth excell, therein it is reason that ech dothe
governe. And without this societie of man, and woman, the kinde of man
coulde not long endure. And to this societie we be so naturally borne that the
prince of all Philosophers in consideration of natures was not afraide to say that
A man by nature is rather desirous to fellow himeselfe to another and so to live
in couple, than to hearde himselfe with many. Although of all beastes or lyuing
creatures a man doth shew him selfe most politique, yet can he not well live
without the societie and fellowship civill. He that can live alone
saith Aristotle is either a wild beast in mans likenes, or else a god rather than a
man. So in the house and familie is the first and most naturall (but a private)
apparance of one of the best kindes of a common wealth, that is
called Aristocratia where a few and the best dothe governe, and where not one
alwaies: but sometime and in some thing one, and sometime and in some thing
another doth beare the rule. Which to maintaine for his part God hath given to
the man greater wit, bigger strength, and more courage to compell the woman
to obey by reason or force, and to the woman bewtie, faire countenaunce, and
sweete wordes to make the man to obey her againe for love. Thus ech obeyeth
and commaundeth other, and they two togeather rule the house. The house I
call here the man, the woman, their children, their servauntes bonde and free,
their cattell, their housholde stuffe, and all other things, which are reckoned in
12
their possession, so long as all these remaine togeather in one. Marye
they cannot be called Aristocratia, but Metaphorice, for it is but an house, and
a litle sparke as it were like to that governement.
But for so much as it is the nature of all thinges to encrease or decrease, this
house thus encreasing and multiplying by generation, so that it cannot wel be
comprehended in one house and the children waxing bigger, stronger, wiser,
and thereupon naturally desirous to rule, the father and mother sendeth them
out in couples as it were by provining or propagation. And the childe by
mariage beginneth as it were to roote towards the making of a new stocke, and
thereupon an other house and familie. So by this propagation or provining first
of one, and then another, and so from one to another in space of time, of many
howses was made a streete or village, of many streetes and villages joyned
together a citie or borough. And when many cities, boroughes and villages were
by their common and mutuall consent for their conservation ruled by that one
and first father of them all, it was called a nation or kingdome. And this
seemeth the first and most natural beginning and source of cities, townes,
nations, and kingdomes, and of all civill societies. For so long as the great
grandfather was alive and able to rule, it was unnaturall for any of his sonnes or
ofspring to strive with him for the superioritie, or to go about to governe or any
wise to dishonour him of whom he had all. And therefore he doth beare the first
and natural example of an absolute and perfect king. For he loved them as his
owne children and nephewes, cared for them as members of his owne body,
provided for them as one having by long time more experience than they all or
any one of them. They againe honoured him as their father of whose bodie they
came, obeyed him for his great wisedome and forecast, went to him in
doubtfull cases as to an oracle of God, feared his curse and malediction as
cominge of Gods owne mouth. He againe used no rigoure for ech paine put
upon them, he tooke as put upon himselfe.
But when that great grandfather was dead, the sonnes of him and brethren
among themselves not having that reverence to any, nor confidence of
wisedome in any one of them, nor that trust thone to thother, amonge whome
13
(as many times it doth amonge brethren) some strifes and brawlinges had
before arisen: To defende themselves yet from them which were walsh and
strangers to them, necessarily agreed among themselves to consult in common,
and to beare rule for a time in order, now one, now another: so that neither one
might beare alwaies the rule, nor any one be neglected. And by this meanes if
anie one fayled during his yere or time for ignoraunce, the next (being wiser of
himselfe, or by his brothers error and fault) amended it. And in the meane
while, at diverse and most times when urgent necessitie did occurre, they
consulted all those heads of families together within themselves, howe to
demeane and order their matters, best for the conservation of themselves, and
ech of their families, generally and particularly. Thus a few being heades and
the chiefe of their families, equall in birth and nobilitie, and not much different
in riches, governed their owne houses and the descendentes of them
particularly, and consulted in common upon urgent causes, and agreed upon
some lawes and orders to be kept amongst them. So the best, chiefest and
sagest did rule, and thother part had no cause to strive with them, nor had no
cause nor apparance to compare with anie of them, neither for age nor
discretion, nor for riches or nobilitie. The rulers sought ech to keepe and
maintaine their posteritie, as their sonnes and nephewes, and who shoulde
succeede them and carie their names when they were deade, and so render
them, being mortall by nature, immortall by their fame and succession of
posteritie: having most earnest care to maintaine still this their cousinage and
common familie aswell against forraigne and barbarous nations, which were
not of their progenie, tongue, or religion, as against wilde and savage beasts.
This seemeth the naturall source and beginning or image of that rule of the
fewer which is called of the Greekes Αριστοκρατεια (aristocracy) and of the
Latines optimatum reipublica.
Now as time bringeth an ende of all thinges, these brethren being all dead, and
their ofspring encreasing daily to a great multitude, and the reverence due the
old fathers in such and so great anumber of equals fayling by reason of the
death or doting of the Elders: eche having their merites of education apart to
their fathers and grandfathers, and so many arising and such equalitie among
them, it was not possible that they should be content to be governed by a fewe.
For two things being for the which men who be in society and league doe most
strive for, that is honour and profitte. No man of free courage can be contented
to be neglected herein, so that they were faine of necessitie to come to that, that
14
the more part should beare the price away to make more magistrates and rulers.
So that either by course or by lot ech man in turne might be receaved to beare
rule and have his part of the honour, and (if any were) of the profit, which came
by administration of the common wealth. For whosoever came of that old great
grandfathers race, he accompted him selfe as good of birth as any other. For
service to the common wealth all or such a number had done it, as they coulde
not be accompted few. And if a few would take upon them to usurpe over the
rest, the rest conspiring together would soone be master over them, and ruinate
them wholly. Whereupon necessarily it came to passe that the common wealth
must turne and alter as before from one to a few, so now from a few to many
and the most part, ech of these yet willing to save the politicke bodie, to
conserve the authoritie of their nation, to defende themselves against all other,
their strife being onely for empire and rule, and who should doe best for the
common wealth, wherof they would have experience made by bearing office
and being magistrates. This I take for the source and naturall beginning of the
rule of the multitude which the Greekes called Δηµοκρατια (democracy), the
Latines some Respublica by the generall name, some populi potestas,
some census potestas, I cannot tell howe latinely.
By this processe and discourse it doth appeare that the mutations and changes
of fashions of governement of common wealthes be naturall, and do not
alwayes come of ambition or malice: And that according to the nature of the
people, so the commonwealth is to it fit and proper.
And as all these iii. kindes of common wealthes are naturall, so when to ech
partie or espece and kinde of the people that is geaven which agreeth as ye
would putt a garment fyt to a man's bodie or a shoe fyt to a man's foot, so the
bodie politique is in quiet, and findeth ease, pleasure and profit thereby. But if a
contrary forme be given to a contrary maner of people, as when the shoe is too
litle or too great for the foote, it doth hurt and encomber and letteth the
convenient use thereof, so that free people of nature tyrannized or ruled by one
against their willes, were he never so good, either faile of corage and wexe
servile, or never rest while they either destroie their king or them that would
subdue them, or be destroyed themselves: And againe another sort there is
which without being ruled of one prince and ruler being set at their libertie
cannot tell what they shoulde doe, but either with insolencie, pride, and idlenes
will fall to robbery and all mischiefe, and to scatter and dissolve themselves, or
15
with foolish amibition and private strife consume one another and bring
themselves to nothing. Of both these two we have histories enough to beare
witnesse, as the Greekes, Romanes, Samnites, Danes, Vandals, and others. Yet
must you not thinke, that al common wealthes, administrations and rulinges
began on this sort, by provining or propagation, as is before written, but many
times after a great battle and long war the captaine who led a multitude of
people, gathered peradventure of diverse nations and languages, liking the
place which he hath by force conquered, tarieth there, and beginneth a common
wealth after his maner, and for the most part a kingdome. As the Gothes and
Lumbardes in Italie, the Frenchmen in Gaule, the Sarasins in Spaine and
Fraunce, the Saxons in great Brittaine, which is nowe called Englande:
which when that one and chiefe prince is dead, the chiefs consult among
themselves, and either choose an other head and king, or divide it into more
heads and rulers, as the Lumbards did in Italie, and the Saxons in England, or
take at the first a common rule and popular estate, as the Zwisers did in their
cantons and do at this day, or taketh the rule of a certaine fewe, excluding the
multitude and the populace as the Paduans, Veronenses, and Vicentians at the
erection of the citie of Venice.
To make all thinges yet cleare before, as we shal go, there ariseth another
division of the partes of the common wealth. For it is not enough to say that it
standeth by a multitude of houses and families which make stretes and villages,
and the multitude of the stretes and villages, townes, and the multitude of
townes the realme, and that freemen be considered only in this behalf, as
subjects and citizens of the commonwealth, not bondmen who can beare no
rule nor jurisdiction over freemen, as they who be taken but as instruments and
of the goods and possessions of others. And in this consideration also we do
reject women, as those whom nature hath made to keepe home and to nourish
their familie and children, and not to medle with matters abroade, nor to beare
office in a citie or common wealth no more than children and infantes: except it
be in such cases as the authoritie is annexed to the bloud and progenie, as the
crowne, a dutchie, or an erledome for there the blood is respected, not the age
nor the sexe. Whereby an absolute Queene, an absolute Dutches or Countesse,
those I call absolute, which have that name, not by being maried to a king,
duke, or erle, but by being the true, right and next successors in that dignitie,
and upon whom by right of the blood that title is descended: These I say have
the same authoritie although they be women or children in that kingdome,
16
dutchie or earledome, as they should have had if they had bin men of full age.
For the right and honour of the blood, and the quietnes and suertie of the
realme, is more to be considered, than either the base age as yet impotent to
rule, or the sexe not accustomed (otherwise) to intermeddle with publicke
affaires, being by common intendment understood, that such personages never
do lacke the counsell of such grave and discreete men as be able to supplie all
other defaultes. This (as I sayde) is not enough: But the division of these which
be participant of the common wealth is one way of them that beare office, and
which beareth none, the one be called magistrates, the other private men.
Another was among the Romanes of Patritij and plebei, thone striving with
thother a long time, those that were patricij many yeares excluding those that
were plebei from bearing rule, till at last all magistrates were made common
unto them: as well as to the other yet had they another division among the
Romanes senatores, equites, plebs: the Greekes had also
ευγενεις και Δηµαυτιχους (nobles and people). The French have at this
day, les nobles and la populare, or gentils homes and villaines: we in England
divide our men commonly into foure sortes, gentlemen, citizens or
burgesses, yeomen artificers, and laborers. Of gentlemen the first and chiefe
be the king, the prince, dukes, marquises, earles, vicountes, and barrons, and
this is called κατ εξοχην (preeminent) the nobility, and all these are called
Lords and noblemen: next to these be knights, esquiers and simple gentlemen.
Dukes, marquises, erles, vicountes, and barrons, either be created of the prince
or come to that honor by being the eldest sonnes, or highest in succession to
their parentes. For the eldest of dukes sonnes during his fathers lyfe is an
earle, an earles sonne, or baron, or else according as the creation is. The
creation I cal the first donation and condition of the honour (given by the
prince, for the good service and advauncement that the prince will bestowe
uppon him) which with the title of that honour is commonly (but not alwayes)
given to him and to his heires, males onely: the rest of the sonnes of the
nobilitie by the rigor of the lawe be but esquiers, yet in common speeche, all
dukes and marquises and earles sonnes, be called Lordes. The which name
commonly doth agree to none of lower degree than barrons, yet by law and use
thei be not esteemed barons. The barrony or degree of Lordes doeth answere to
the degree of Senators of Rome, and the title of nobilitie as we use to call in
England patricii: when patricij did betoken Senatores aut senatorum filios.
Afterwards they were called clarissimi. Census Senatorius was in Rome, at
diverse times diverse, and in Englande no man is created barron, excepte he
17
may dispend of yearly revenue, one thousand poundes or one thousand markes
at the least. Vicountes, earles, marquises and dukes more according to the
proportion of the degree and honour, but though by chaunce he or his sonne
have lesse, he keepeth his degree: but if the decaye be excessive and not able to
maintaine the honour (as senatores Romani were amoti senatu) so sometimes
they are not admitted to the upper house in the parliament, although they keepe
the name of Lorde still.
18
Census equester was among the Romanes at diverse times at diverse valew:
whosoever may dispende of his free landes 40. 1. sterling of yearely revenew
by an olde law of Englande either at the coronation of the prince or at
the manage of his daughter, or at the making of the prince, knight, or some such
great occasion, may be by the king compelled to take that order and honour, or
to pay a fine, which many not so desirous of honour as of riches, had rather
do. Some who for causes be not thought worthy of that honor and yet have
thatabilitie, neither be made knightes though they would, and yet pay the fine.
XI. 1. sterling, at that time when this order began, maketh now an Cxx. 1. of
currant mony of Englande: as I have more at large declared in my booke of the
diversitie 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 contained equites and plebem: so when we in England
do say the Lordes and the commons, the knights, esquires, and other gentlemen,
with citizens, burgeses and yeomen be accompted to make the commons. In
making 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 Knights and all the rest of the gentlemen, and citizens and
burgeses which be admitted to consult upon the greatest affaires of the Realme
be in an other house by themselves, and that is called the house of the
commons, as we shal more clearely describe when we shall speake of the
parliament. Whereupon this worde knight is derived, and whether it do betoken
no more but that which miles doth in latine, which is a souldier. The word
souldier now seemeth rather to come of sould and payment, and more to
betoken a waged or hyred man to fight than otherwise, yet Caesar in his
Commentaries call soldures in the tongue gallois, men who devoted and swore
themselves in a certaine band or othe one to another and the captaine, which
order if the Almains did follow, it may be that they who were not hyred but
being of the nation, uppon their owne charges and for their advauncement, and
by such common oth, execration or band did follow the warres, were
(possibly) κατ εξοχην called knightes or milites. Nowe among the Almaines
some are called lanceknights as souldiers of their band not hyred, although
now they be for the most part hirelings. Or peradventure it may be that they
which were next about the prince as his garde or servauntes picked and chosen
men out of the rest being called in the Almaine language, knighten, which is
asmuch to say as servantes: these men being found of good service, 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 judgement thereof. Now we
19
call him knight in english that the french calleth chevalier, and the
latine equitem or equestris ordinis.
And when any man is made a knight, he kneeling downe is stroken of the
prince, with his sworde naked uppon the backe or shoulder, the prince
saying: sus or sois chivalier au nom de Dieu and (the tyme past) they added
S. George, and then when he riseth the prince saith, avances. This is the
manner of dubbing of knights at this present: and that terme dubbing was the
olde terme in this point, not creation. At the coronation of a king or queene,
there be knightes of the bath made with longer and more curious ceremonies:
But howsoever one be 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 appellation added this syllable, Sir, and if he were named
before Thomas, William, John, or Richard, afterward he is alwayes called
Sir Thomas, Sir William, Sir John, Sir Richard, and that is the title that men
give 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 had many
noble victories, King John of Fraunce, and King James 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 unto it by the prince
of Wales and Duke of Aquitaine called the blacke prince, his eldest
sonne, invented a societie of honour, and made a choise out of his owne realme
and dominions, and all Christendom: and the best and most excellent
and renouned persons in all vertues and honour, he did adorne with that title to
be knightes of his order, gave them a garter enorned 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
appareil both of stuffe and fashion exquisite and heroicall, to weare at high
feastes, as to so high and princely an order was meete: of which order he and
his successors Kinges and Queenes of England be the head, and the rest by
certaine statutes and lawes among themselves, 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 government thereof, I leave to
speake any further of it.
OF ESQUIERS.
Chap. 19.
20
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: save that (as I take it) they be those who beare armes, testimonies
(as I have saide) of their race, and therefore have 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 being taught in armes had that name for a dignitie and
honour given to distincte 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,
as Ευγενεις in Greeke, the Latines call them all Nobiles, as the
French Nobles, Ευγενεια or Nobilitas in Latine is defined, honour or title
given, for that the auncestor hath bin notable in riches or for his vertues, or (in
fewer wordes) old riches or prowes remaining in one stock. Which if the
successors do keepe and followe, they be vere nobiles and Ευγενεις: if they
doe not, the fame and riches of their auncestors serve to cover them 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 Ethnologie of the name serveth thefficacie
of the worde. Gens in Latine betokeneth the race and sirname, so the Romaines
had Cornelios, Sergios, Appios, Fabios, Aemilios, Pisones, Julios, Brutos,
Valerios, of which who were Agnati, and therefore kept the name, were
also Gentiles: and being yet remaining the memorie of the glorie of their
progenitors fame, were gentlemen of that or that race. This matter made a great
strife among the Romanes, when those which were Novi homines were more
allowed, for their verrues new and newly showen, then the olde smoke of
auntient race newly defaced by the cowardise and evill life of their nephewes
and discendauntes could make the other to be. Cicerones, Catones,
and Marii had much adoe with those men and therefore said Juvenalis:
(I would rather that Thersites were your father if only you were like the
grandson of Aeacus, and could wield the arms of Vulcan, than that you should
have been begotten by Achilles and be like Thersites)
21
But as other common wealthes were faine to doe, so must all princes
necessarilie followe, where vertue is to honour it: and as vertue of auncient race
is easier to be obtained, for the example of the progenitors, for the abilitie to
give to their race better education and bringing up for the enraced love of
tenants and neybors to such noblemen and gentlemen, of whom they holde and
by whom they doe dwell. So if all this doe faile (which it is great pitie it
should) yet such is the nature of all humaine thinges, and so the world is subject
to mutability, that it doth many times faile: but when it doth, the prince and
common wealth have the same power that their predecessors had, and as the
husbandman hath to plant a new tree where the olde fayleth, tohonour vertue
where he doth find it, to make gentlemen, esquiers, knights, barons, earles,
marquises, and dukes, where he seeth vertue able to beare that honour or
merits, to deserve it, and so it hath alwayes bin used among us. But ordinarily
the king doth but make knights and create the barons and higher degrees: for as
for gentlemen, they be made good cheape in England. For whosoever studieth
the lawes of the realme, who studieth in the universities, who professeth liberall
sciences, and to be shorte, who can live idly and without manuall labour, and
will beare the port, charge and countenaunce of a gentleman, he shall be called
master, for that is the title which men give to esquires and other gentlemen, and
shall be taken for a gentleman: for true it is with us that is saide, Tanti eris alijs
quanti tibi fueris (you will be as of much value to others as you have been to
yourself): (and if neede be) a king of Heraulds shal also give him for mony,
armes newly made and invented, which the title shall beare that the said
Herauld hath perused and seen olde Registers where his auncestors in times
past had borne the same: Or if he wil do it more truely and of better faith, he
will write that for the merittes of that man, and certaine qualities which he doth
see in him, and noble actes which he hath done, by the authoritie which he hath
as the king of Heraldes and armes, he giveth to him and his heires these and
these armes, which done I thiinke he may be called a squire, for he beareth ever
after those armes. These men be called sometime in scorne gentlemen of the
first head.
A man may make a doubt and question whether this maner of making
gentlemen is to be allowed or no, and for my part I am of that opinion that it is
not amisse. For first the prince loseth nothing by it, as he shoulde doe if it were
22
as in Fraunce: for the yeomen or husbandman is no more subject to taile or taxe
in Englande than the gentleman: no, in every payment to the king the
gentleman is more charged, which he beareth the gladlier and dareth not
gainesaie for to save and keepe his honour and reputation. In any shew or
muster or other particular charge of the towne where he is, he must open his
purse wider and augment his portion above others, or else he doth so
much diminish his reputation. For other outward shew, a gentleman (if he wil
be so accompted) must go like a gentleman, a yeoman like a yeoman, and a
rascall like a rascall: and if he be called to the warres, he must and will
(whatsoever it cost him) array himselfe and arme himself according to the
vocation which he pretendeth: he must shew a more manly corage and tokens
of better education, higher courage and more liberalitie than others, and keepe
about him idle men who shall doe nothing but waite upon him. So that no man
hath hurt by it but he himselfe, who will beare a bigger saile than he is able to
maintaine. For as for the policie and goverment of the common wealth, it is not
those that have to do with it, who will magnifie them selves, and goe in higher
buskins than their estate will beare: but they which beappointed, be tryed and
well knowen, as shall be declared hereafter.
OF YEOMEN.
Chap. 23.
Those whom we call yeomen next unto the nobilitie, the knights and squires,
have the greatest charge and doings in the common wealth, or rather are more
travailed to serve in it than all the rest: as shall appeare hereafter. I call him a
yeoman whom our lawes doe call Legalem hominem, a worde familiar
to writtes and enquestes, which is a freeman borne English, who may dispend
of his owne free lande in yerely revenue to the summe of xl. s. sterling by the
yeare: This maketh (if the just value were taken now to the proportion of
23
monies) vi. 1 of our currant mony at this present. This sort of people confesse
themselves to be no gentlemen, but give honour to al which be or take upon
them to be gentlemen, and yet they have a certaine preheminence and more
estimation than laborers and artificers, and commonly live welthilie, keepe
good houses, do their businesse, and travaile to get riches: these be (for the
most part) fermors to gentlemen, and with grasing, frequenting of markettes,
and keeping servauntes, not idle servants as the gentleman doth, but such as get
both their owne living and parte of their maisters: by these meanes doe come to
such wealth, that they are able and daily doe buy the landes of unthriftie
gentlemen, and after setting their sonnes to the schooles, to the Universities, to
the lawe of the Realme, or otherwise leaving them sufficient landes whereon
they may live without labour, doe make their saide sonnes by those meanes
gentlemen. These be not called masters, for that (as I saide) pertaineth to
gentlemen onely: But to their surnames, men adde goodman: as if the surname
be Litter, Finch, White, Browne, they are called, goodman Luter,
goodman White, goodman Finch, goodman Browne, amongest their
neighbours, I meane not in matters of importance or in lawe. But in matters of
lawe as for distinction, if one were a knight they would write him (for example
sake) sir John Finch knight, so if he be an esquier, John Finch esquier, if he be
not esquire, John Finch gentleman, if he be not gentleman, John Finch
yeoman. For amongest the gentlemen they which claime no higher degree, and
yet be to be exempted out of the number of the lowest sort thereof, be written
esquiers. So amongest the husbandmen labourers, and such the lowest and
rascall sort of the people such as be exempted out of the number of the
rascabilitie of the popular be called and written yeomen, as in the degree next
unto gentlemen. These be these which olde Cato calleth Aratores (cultivators)
and optimos cives in Republica (the best citizens in the republic): and such as
the writers of common wealthes praise to have manie in it. Aristoteles namely
reciteth ποµα µεσητια αριστα: these tende their owne businesse, come not to
meddle in publike matters and judgements but when they are called, and gladde
when they are delivered of it, are obedient to the gentlemen and rulers, and in
warre can abide travaile and labour as men used to it, wisheth it soone at an
ende that they might come home and live of their owne. When they are foorth
they fight for their Lordes of whom they have their landes, for their wives and
children, for their countrey and nation, for praise and honour, against they
come home, and to have the love of their Lorde and his children to be
continued towardes them and their children, who hath adventured their lives to
and with him and his. These were they which in the old world gat that honour
to Englande, not that either for witte, conduction, or for power they are or were
ever to be compared to the gentlemen, but because they be so manie in number,
so obedient at the Lordes call, so strong of bodie, so heard to endure paine, so
24
couragious to adventure with their Lorde I mean or Captaine going with, or
before them, for else they be not hastie nor never were, as making no
profession of knowledge of warre. These were the good archers in times past,
and the stable troupe of footemen that affaide all France, that would rather die
all, than once abandon the knight or gentleman their Captaine, who at those
daies commonly was their Lorde, and whose tenauntes they were, readie
(besides perpetuall shame) to be in danger of undoing of them selves, and all
theirs if they should showe any signe of cowardise or abandon the Lorde,
Knight or Gentlemen of whom they helde their living. And this they have
amongest them from their forefathers tolde one to an other. The gentlemen of
France and the yeomen of Englande because in battle of horsemen
Fraunce was many times too good for us, as we alway for them on foote. And
Gentlemen for the most part be men at armes and horsemen, and yeomen
commonlie on foote: howesoever it was, yet the gentlemen had alwaies the
conduction of the yeomen, and as their captaines were either a foote or upon a
little nagge with them, and the Kinges of Englande in foughten battles
remained alwaies among the footemen, as the French Kinges amongst their
horsemen. Each Prince therby, as a man may gesse, did shew where he thought
his chief strength did consist. What a yeoman is I have declared, from whence
the word is derived it is hard to say: it cannot be thought that yeomen should be
said as young man, for commonly wee doe not call any a yeomen till he be
married, and have children, and as it were have some authoritie among his
neighbours. Yonker in lowe dutch betokeneth a meane gentleman or a gay
fellowe. Possibly our yeomen not being so bolde as to name themselves
gentlemen, when they came home, were content when they had heard by
frequentation with some lowe dutchmen some small gentleman (but that would
be counted so) called amongest them, yonker man, they calling so in the warres
by mockage or in sport one an other, when they come home, yonker man, and
so yeoman: which worde now signifieth among us, a man well at ease and
having honestlie to live, and yet not a gentleman: whatsoever that worde
yonker man, yonke man, or yeoman doth more or lesse signifie to the dutch
men.
The fourth sort or classe amongest us, is of those which the olde Romans
called capite censij proletary or operœ, day labourers, poore husbandmen, yea
marchantes or retailers which have no free lande, copiholders, all artificers, as
Taylers, Shoomakers, Carpenters, Brickemakers, Bricklayers, Masons, &c.
25
These have no voice nor authoritie in our common wealth, and no account is
made of them but onelie to be ruled, not to rule other, and yet they be not
altogether neglected. For in cities and corporate townes for default of yeomen,
they are faine to make their enquests of such manner of people. And in villages
they be commonly made Churchwardens, alecunners, and manie times
Constables, which office toucheth more the common wealth, and at the first
was not imployed uppon such lowe and base persons. Wherefore generally to
speake of the common wealth, or policie of Englande, it is governed,
administred, and manied by three sortes of persons, the Prince, Monarch, and
head governer, which is called the king, or if the crowne fall to a woman, the
Queene absolute, as I have heeretofore saide: In whose name and by whose
authoritie all things be administred. The gentlemen, which be divided into two
partes, the Baronie or estate of Lordes which conteyneth barons and all that bee
above the degree of a baron, (as I have declared before): and those which be no
Lords, as Knightes, Esquires, and simple gentlemen. The thirde and last sort of
persons is named the yeomanrie: each of these hath his part and administration
in judgementes, corrections of defaultes, in election of offices, in appointing
tributes and subsidies, and in making lawes, as shall appear heereafter.
26