¶ORDERS Enacted for Orphans and for their [...] within THE CITIE OF EXchester [...] sundry other [...]structions incid [...] to the same Colle [...] [...] forth by Iohn Vowell alias Hooker [...]
¶ Psalm [...] 82 [...]
IMPRINTED [...] LONDON by [...]
❧TO THE RIGHT WORshipful, graue & prudent, the Mayor and SenaTORS OF THE ANCIENT AND HONORABLE Citie of Excester. Iohn Vovvel alias Hooker▪ gentleman and Chamberlain of the same, wisheth a prosperouse and a happy gouernment, to the benifit of the publique welth and increase of VVorship.
THe Inditers and Recorders of things doon in the former ages and olde dayes (Right vvorshipfull) do in their vvritings testifie and affirme that the first man beeing for his transgression driuen out of the garden in Eden, [...]ene. 4. his vvhole posteritie became to be vagabonds, runagates and vvanderers vppon the face of the Earth: and their life & cōuersation beeing amongst the beasts of the [...]eld, vvas saluage, lose & disordred, for vvhy? as it is vvrit [...]en. Nulli tunc hominibus inter se fines ne (que) agrum excerce [...]nt, Domus illis nulla, nec tectum, nec sedes fuit, I [...]sti [...] armenta [...] pecora semper pascentibus et perincultas solitudines erra ▪ [...] [...] solitis. And then vvere they subiect to all perils and [...], for self [...]ill then bare the rule, violence then caryed [...] soueraintie, & oppression directed all things: according [...] Plutarch saith Seculum [...] Homines edidit, [...] pedum vel [...]citate, et corporum viribus, [...] at (que) inuictos sed qui [...]s naturae dotes, ad nullam [...] imo arroganti [...] [...] [Page] seuitia et feritate opprimendum, quicquid in eorum manibus inciderat. But at length & in processe of time, mē vvaxing vvery to indure and continue such, so many, and so great inconueniences, vvere very desirous of some better kinde of stay & assurednesse of life: and therfore began to deuise and to consult, hovv to prouide a remedy for this disease, & salue for this sore: but yet could finde no vvay so redy, nor helpe so good, as to be reduced to some kinde of gouernment, for as Patricius vvriteth. Cum esset nemo, qui pro communi vtilitate laboraret, Patricius de institutione lib. 1. tit. 10. aut multitudinis curam ageret, sed errabant omnes tanquam oues absque pastore, cogitandum fuit vt esset aliquis qui alijs preesset, cunctos regeret, ac communi vtilitati et cōmodo studeret. And therfore they made choise of such as vvere moste vvise, discreet and valiant among them selues, vvhome they appointed to be their Rulers to go before them, and vnto vvhome they yeelded and submitted themselues, to be directed and ruled after their vvisdomes. Cum enim premeretur multitudo initio, Cicero officiorum. lib. 1. ad vnum aliquē virtute [...] prestantem confugiebant, qui aequitate constituta, summos cum infimis pari Iure teneret. Thus vvere men in the beginning called to be gouernours, and chosen to be Rulers, not through pride or violence, nor yet by any sinister meanes. Sed quos spectata prouehebat moderatio, et qui virtute sermone [...] atque fortitudine caeteris prestarent, li. 1. ac probitate et moribus integri essent. The author of the Chronica Chronicarum declareth three speciall causes vvhy men vvere thus inforced at the first. The first vvas necessitie, because the life of Man vvas subiect to many perils. The second vvas [...] man beeing equall and in like estate and degree, and vvanting right Iudgement: they liued in contention and [...] a superior to direct and decide their causes. The [...] Fortitude, that such a one as vvas more valiant [Page 2] then the rest might defend them against the enemy and the oppressor. Cronica cronicorum. Et ideo eligebatur aliquis vir bonus ceteris iustior ac probior, qui communitati presideret, vertuosos promo ueret, mediocres defenderet et malos coherceret. Gouernours and rulers thus beeing constituted, they did foorthvvith indeuoure themselues to satisfie the trust, and to performe the charge committed vnto them, and first therfore they seek out to prouide meet and conuenient places vvhere to seate and settle themselues in, for their safe dvvelling togither, and from the communion of the beasts of the feeld, vnto vvhiche before they vvere accustomed: for as Vegetius sayeth. Vegetius de re militra lib. 1. Agrestem incultāque hominum vitam, in initio seculi, a communione Brutorū animalium at (que) ferarum vrbium constitutio discreuit. And because they vvere vvunt to inclose and entrench the same vvith a round ditch, the place vvas called Vrbs. Ab orbe, qua antiquae Vrbes in orbe fiebant: Isodo lib. 15. Etymo. ca. 2. or Ab orbo, ea videlicet parte aratri, quo designabantur muri, locus enim futurae Ciuitatis sulco vel aratro designari solebat. And so did Romulus vvhen he chose out a cōuenient place vvhere he and his people vvould dvvel. Fossam rotundem duxit, Plut. de Ro. qua vrbem amplecti statuerat. And then the people thus collected and dvvelling togither, lavves begā to be deuised, orders to [...] made, and good ordinaunces to be established, hovv the [...]ommon state should be directed, and hovv eche man should [...]iue in his art and calling. And then that vvhich in re [...]pect of the place and building vvas named Vrbs, is novv cal [...]ed Ciuitas, in respect of a multitude of people assembled and [...]ollected togither to the end to liue orderly and in good or [...]er. Est Ciuitas hominum multitudo, Isidor. Et [...] lib. cap. [...]tricius [...] societatis vinculo adu [...]ata. Or as others define it. Est Ciuitas hominum collecta [...]ultitudo, ad bene iureque viuendum communibus decretis sub eadem lege viuentium. And the maner of their life, [Page] the good constitutions and pollicyes vvas named Respublica. Plato libro de [...]e finitionibus, So that Vrbs is the place, Ciuitas the mē, and Respublica the politique constitutions and the life vvel ordred. But heer by the vvay I cannot a little muse at them vvhich vvould and needs vvil haue that a Citie should take his name of a Bishops seat or Sea, and that all Cities had their beeing and beginning from and of Bishops, and therfore there is no Citye but vvhere is a Bishop: but hovv far this is fetched and hovv vnlike: I may refer it to the Readers ovvne consideration, for long before any Bishoppes vvere had or knovven, there vvere Cityes, as Troia, Roome, Carthage, Athenes and many others, and also this Citie of EXCESTER, vvhich vvas beseeged by Vespasian the Romain capitain anno .49. almost xxiiij. yeeres before the destruction of Hierusalem, Gaufrede Huntyngd. and euery of these vvas named Ciuitas: and moreouer vvhen Bishops in this land vvere first constituted, he vvho vvas Bishop of this diocesse of DEVON had his Sea at London, Polichronicon Matheus Vestmon Dicetus. and after in the time of king Kingilphus anno .636. at Dorchester, and from thence anno .705. remooued vnto Shireborn. And in processe of time vvhen euery particuler Prouince, had his particuler Bishop, then VVerstanus beeing Bishop of Deuon had his Sea at Bishops Tavvton, and after at Crediton.
And Herstanus Bishop of Cornvvall, had his Sea first [...] Saint Germaines, then at Bodmin, and lastly remooued [...] Crediton: and yet nor Dorchester, Shirborne, Tavvton, Cre [...]diton, nor Saint Germans, nor Bodmin, vvere euer any Cities that I could read of.
But to the matter from vvhence I degressed, I say that gouernours and Rulers beeing appointed, then lavves and Ordinaunces vvere foorthvvith ordained by the Rulers: as Sem vvho builded the first Citie after the flud then called [Page 3] Salem, but sithens & novv Hierusalē, Exodus. 2 [...] the cheef Citie of the Ievves, he and after him Moyses and others the gouernours ouer the Ievves, did prescribe moste godly lavves: Plutarch. de Theseo, asvvel for their directions in Religion, as for policyes and morall life. Theseus vvhē he had gathered and assembled into Athenes, his people to reside vvithin the vvalles therof, vvho before, lay scattered abrode in the feelds, he first instituted orders for Religion. Ab dijs auspicatus remp, digessit. And then established such orders and ordinaunces as vvere necessaray for common order of life, and by those meanes, that Citie in processe of time, vvas so fraughted vvith vvise mē, & did so florish vvith good letters: that for learning and knovvledge it became and vvas the Treasury of the vvhole vvorld, and from vvhence the Citie of Roome, and all other vvel gouerned common vvelths took a patern of good gouernment.
Romulus vvas at the first a ruler and captain of all the Pirates and ruffians in those partes of Italy vvhere he first resided, Idem de Romulo. and of such (as some say) as came from out of Greece after the destruction of Troia, vvho hauing reduced them into one societie, and placed them vvithin the Citie of Roome (vvhich he had of purpose builded for them) he made and instituted lavves first for Religiō and then for pollycies: and by the meanes of the straight & due keeping therof, it did so increace, prosper and florish: that it became the Monarchy of the vvhole vvorld, and therfore sayeth Salust. Nolite existimare Maiores nostros armis remp, ex parua magnam fecisse, Salustius in Catelina. sed do mi industria foris iustum imperium, et animus in consulendo liber ne (que) delicto ne (que) libidini obnoxius.
Licurgus the gouernor of the Lacedemoniās, vvho vvere a saluage, fierce & a barbarouse nation, Plutarch▪ de Licurgo minding to reduce [...]hem to some better order and frame of life: first [...] olde and former corrupt vsages among them, and [...] [Page] nevv ordinaunces. In quibus nullum iniuriae, nullum iniquitatis erat vestigium, sed ad iusticiam rectamque rationem, sunt omnia composita. And that Citie by that meanes grevv to so perfect a cōmon vvelth, that it vvas the Spectacle of all Grecia, and did so much prosper by the due keeping of Licurgus lavves: Quod principatum tenuit totius Greciae, quingentorum spatio annorum. For all Greece stood at their deuotiō, they for their valiantnesse beeing much feared, and for their iust and vpright dealing moste belooued: in them it lay vvhether it should be vvar or peace. Such commodityes they receiued and such frutes they reaped by the due keeping and obseruing of Licurgus lavves, according to the ansvvere of Apollo. For Licurgus after that he had established and made those his lavves: he vvent vnto the Temple of Apollo in Delphos, and there asked (as the maner vvas then in all doutful matters) vvhether the lavves vvhich he had made vvere sufficient to maintain & keep the common state and Citie of Sparta: vvho vvas aunsvvered that the lavves vvere very good & excellent. Gaufrede. Flores histo. Polychronicon Grafton. Et Ciuitatem, quous (que) Licurgi legibus viueret, permansuram clarissimam.
Brute the sonne of Siluius the sonne of AEneas (as our english Chronicles doo affirme) beeing after the destruction of Troia driuē to seek aduentures: he & his nephevv Corinaeus, vvith a great troupe of their follovvers, came & arriued in to this land novv named Englād, & hauing conquered and recouered the same from out of the hands and possessiōs of the Giants, vvho then inhabited this lād. Corinaeus had allotted vnto him for his portion, the VVest partes thereof named Cornvvall, Baleus. and then they builded eche of thē a Citie. Brutus in remembrance of Troia, builded the citie of Londō, then by him named Troynouant or nevv Troia. And Corinaeus [...] Citie of EXCESTER, (vvhiche as some vvrite) [Page 4] he then after his ovvne name called Corinia, bothe vvhiche Cityes vvere then and haue been sithens so fraughted vvith good lavves and so vvel gouerned by prudent Magistrates, that they haue continued for the course of many hundreths of yeeres vnto these presents. And albeit they haue sustained much troubles, indured great afflictiōs, abiden many stormes and oftentimes in peril and danger of vtter ruin and destruction, yet they beeing layed vpon the sure foundation of obedience, Iustice and concord: they vvere neuer subuerted, Math [...] 7. bee not vnlike the house builded vpon the Rocks, for though the Rain fel, the fluds came, the vvindes blevv and did beat vppon the house, yet the same fel not. Quia fundata est super petram.
By these and sundry other like examples it is apparant that as Cities and cōmon vvelths vvere first foūded vpon good gouernment and common societie, for as long as they yeelded to the one, and maintained th'other, they prospered, and men became then not onely valiant and strong, beeing able to vvithstand the enemie: but also vvise, politike and vvelthy, able to maintain the common societie, and the priuat family. Such are the frutes of good gouernmēt, in the magistrate, and of dutiful obedience in the Subiect, and of the maintainance of the common societie in all men. For as the soule giueth life to the body: so dooth lavv dirict the Magistrate and Subiect and keep all things in due order, and therby giue life to a Citie or cōmon vvelth, all vvhich doo perish vvithout it, as the body dyeth beeing depriued of the soule. And therfore vvhen soeuer any Citie dooth decline from the rule of good gouernment in the Magistrate, of dutiful obedience in the Subiect and of contempt of lavves: then be assured, that ruin and destruction of the state ensueth. The moste famouse Citie in all the vvorld, Hierusalem by name, vvhere God as the Prophet [Page] sayeth vvas honored. Psalme. 67. Notus in Iehuda deus, et in Israell magnum nomen eius. VVhere the lavv vvas taught, and from vvhence saluatiō vvas spread into all the vvorld, vvhē vvith vnrepenting hartes they forsooke Gods true Religion, Mark. 13. contemned their gouernours, slevv their Prophets, fel at ciuil diuision and strayed out of all good order: then vvas Gods anger inkendled against them, great plagues poured vppon them, Luke. 19. and in the end the Citie vtterly destroyed, and according to the prophecy not one stone left standing vpō an other. Iosephus de bello iudaico And the people vvithout all pitie vvere either destroyed, or miserably caryed into captiuitie, & those fevv vvhich did and do remain: are lothesome to all men, beeing become Vagabonds vppon the face of the Earth, hauing no certain place vvherin to stay and reside.
The Citie of Sparta so long as they stayed and indured in keeping of Licurgus lavves: Plutercus de Licurgo. their common vvelth florished and their Citie prospered, but vvhen they began to contemne their Ephoros, to neglect their lavves, to be at diuision, to be couetouse, and to liue out of all order: that mightie kingdom and famouse estate, in short time vvas ouerthrovvn and the vvhole Citie subuerted.
The famouse Citie of Roome, to vvhose Empire the vvhole vvorld vvas subiect, as long as eche man liued in his estate, and regarded the common vvelth, before the priuate profit: all things vvent vvel vvith them, but vvhen clyming mindes and ambicious heds vvould rule the roste, vvhen the common state vvas neglected, and priuate profit preferred, vvhen couetousnes ruled, and the common societie dissolued, vvhen no lavves vvere regarded, nor Iustice executed, vvhen these pestilent diseases vvere entred the Tovvn and had infected the Citie: Ciuitas est immutata virtus (que) hebescere cepit, Salustius in C [...]telina. ac imperium ex iustissimo et optimo [Page 5] crudele at (que) intollerandum factum est. And in the end that moste noble state and vvell gouerned Citie brought to nothing. VVhat shall I speake of Troia, Athenes, Carthage, and a number of other famouse Cities and common vvelths, vvhich by like disorders are come to the like confusions. For as the vvise man saieth, Prouer. 11. vvhere the righteouse man ruleth and the vvise man dooth gouern: the Citie prospereth and is exalted. But forasmuch as it hath pleased God to prosper the state and common vvelth of this Citie (vvhich is novv vnder your gouernment) albeit it haue in times past abiden many stormes, endured great calamities, sustained sundry iniuryes, and beeing subiect to many enemyes hath been sometime in peril and daunger of vtter destruction: yet it hath pleased God of his good vvil to deliuer and rid the same from out of all those perils and in mavvgre of all their enemyes, hath preserued the same from the time of Brutus euen to these our dayes, the same beeing the course of ij. thousand and almoste vij. hundred yeeres. Psalme. 127. As you haue good cause to be thankful to God for the same, vvho vnlesse he doo keep the Citie, Frustra vigilat, Qui custodit eam: So are you to indeuor your selues to continue & folovve in the steps & pathes of your so vvorthy predecessors and prudent ancestors, and to be careful and vigilant that your gouernment may be as vvas theirs in trevv Iudgement and Iustice, free from all couetousnes and void of corruptiō, for vvhy? you are not only the fathers of this common vvelth: but you are Patres conscripti, et Patres iurati, fathers for your vvisdome, trueth & diligence, appointed, called and chosen to this estate, before the rest of all your Citizēs: you haue obliged your self vvith a solemne othe, and bound your selues vvith an open vovv to satisfie your charge and calling.
Therfore on your partes nothing is to be omitted nor [Page] left vndoon, vvhich in any respect may tend to the maintainaunce of your Citie or preseruation of your cōmon vvelth. And surely I beeing many times priuy of your dooings and present in your coūcels, must needs testifie & vvitnesse your continuall cares and dayly studyes in this behalf: vvhich as they are knovvē in many things: so in no one thing doth the same more appeere, then in the care vvhich you haue for the Orphans and Fatherlesse children, for vvhose preseruation and good education, you of late haue procured a speciall lavv and statute for the same, binding your selues novv by an othe and of devvtie to performe tbat vvhich before vvas but voluntary and of curtesie.
And I (considering vvith my self hovv necessary it is, that that vvhich toucheth all, might be vnderstanded and knovven of all) haue thought good vnder your fauours to bestovve some paines & trauel heerin: for if any one thing is aboue an otber to be respected and tendred in the publique vveale: it is the care to be had of yung Orphans and fatherlesse children. VVho beeing destituted of their ovvne naturall parents: are to be prouided for, novv by the common Fathers of the common vveale, vvhose making and marring lyeth novv in their hands and deuotions, and by their cares and industryes, to be framed, to be vvel imployed in the common vvelth, or by their slacknes and negligence, to be in peril and daunger to be spilt and cast avvay.
Man in the latin tung is named Homo of the vvoord Humo vvhich is earth: For of Earth man vvas first made and framed, but vvhere and in vvhat place: the Egiptians and Scithians doo contend either of them, claiming the propertie therof, Iustinus li. 2. but vvhere soeuer it vvas, certain it is that of Earth it vvas and Earth he is. And the nature of Earth is, that beeing it neuer so fine or fertile, yet of it self it [Page 6] bringeth foorth nothing but brambles and briers, Gene. 3. as God said vnto Adam, thornes and thistles shall it bring footth vnto thee.
Euen so is man of himself, Iob. 6.8. he bringeth foorth nothing but vvickednesse and corruption, his thoughts be euil and his vvayes are vvicked, vnlesse he be nurtured, educated and brought vp, euen from his childhood in godlynes and vertue: for vvhervvith the vessel is first seasoned: thereof it keepeth longest the taste and smack, as the Poet sayeth. Quo semel imbuta recens seruabit odorem testa diu. VVherfore, Horatius. the fathers in the olde dayes, vvere very careful and diligent, for in the education of their Children, that they might so and in such order be nurtured and bred vp in their youth, vvhereby to become profitable to the common vvelth in their age: for as Erasmus sayetbe. Nihil felicius discitur, Erasmus in colloquio de fide. quam quod ab ipsa statim pueritia discitur. For education is another nature, and as men be brought vp and bread in their youth so commonly they prooue in their age.
Licurgus the prudent gouernour of Sparta, vvhose onely care and indeuor vvas by all the meanes he could: to persvvade the Lacedemonians to leaue their saluage and barbarouse trade of life, & to be reformed and reduced to some better forme and order, vseth this practise. Erasmus. li. 1. apoph. de Licurgo. He caused tvvo yung vvhelpes to be taken from their dam at one time, and instant. The one of them he commaunded to be deliuered to his huntsman, and to be trained vp in hunting. The other vvas deliuered to the Cook to be brought vp in the Kitchin. At length these tvvo vvhelpes beeing brought vp and grovven to be Dogges, and trayned vp as vvas appointed: Licurgus commaunded them bothe to be brought out into an open and a large roume, vvhere he had caused a bush of thornes to be set, and a Hare in the same, as also fast by a pot of [Page] Potage and scraps of meat. And then assemhling his people togither: he commaunded the tvvo Dogges there tied in one line to be let lose and slipped, the one of them vsed to hunting, assoone as he had espyed the Hare: he coursed and follovved him. But the other hauing smelled and seen the potage pot: to that ran he. Then said Licurgus, lo, you see heer tvvo dogges bothe of one age, borne of one dam, and in nature one, and yet by meanes of their vnlike education: they are vnlike in conditions and diuerse in qualities, for according as they vvere brought vp in their youth and beeing vvhelps: so they be disposed and inclyned beeing Dogges.
Cromerus in his History of Polonia maketh resitall of a manifest example heerof, Cromerus de rebus Polonorum. lib. 3. namely hovv Vnratislaus King of Bohemia, beeing a godly and a vertuouse Prince, maryed one Dragomira, a vvoman vvicked and heathenish, and not so void of true Religion: as replenished vvith all impudency and vvickednesse. Vnratislaus had by her tvvo sonnes, Venceslaus and Boleslaus, the elder of them vvas brought vp vnder his grnndmother Ludimila (vvho vvas mother to the King, and she a very good and a godly vvoman) vvho careful of the yung Prince, caused him to be nurished and instructed in good letters, vertue and knovvledge. Th'other vvas hrought vp by his mother, and by her instructed and taught in such qualities and conditions as she listed & after her naughtie disposicion. These tvvo yung Gentlemen though borne of the same parents, vvere in nature like, yet in disposicion contrary, for the King their father beeing dead, and the kingdōe deuided betvveen thē: Venceslaus as he vvas educated and instructed in learning, vertue & knovvledge: so did he rule and administer his Realme vprightly in all Iustice, equitie & iudgement. Boleslaus beeing imbrevved at the first vnder his mother in all libertie, losenesse and levvdnesse: became [Page 7] and vvas a cruel tirant, an oppressor of his Subiects, & void of all vertues and good qualities, appertaining to a King, or a priuate man, and in the end vvas a moste cruel fratricide and a bloody murderer of his naturall brother, vvhome he bereft bothe of life and kingdome.
And thus it appeereth vvhat education doth, and hovv much it auaileth, vvhich beeing good and vertuouse, if it doo not alltogither alter and chaunge: yet it amendeth the euill dispositions and inclinatiōs in a man: vvhat manner of children and in vvhat sorte they shalbe borne; it lyeth out of mannes povver. Sed vt recta institutione boni euadant, nostrae est potestatis. But in vs it lyeth by good education to make them honest. VVherof Clemens Alexandrinus thus vvriteth. Clemens Alexand, stromatum lib. 1. Non natura sed disciplina fiunt viri boni et honesti quemadmodum medici et gubernatores, Not by nature: but good discipline doo men prooue and become good and honest.
The plant beeing yung and tender, is to be vvun, guided and framed to vvhat forme it pleaseth a man, either to bee made straight and vpright meet for good buildings: or to be crooked and fit for a gamrel: and beeing once grovven to that forme it is not to be altered nor reformed. In omni stirpe, si primum germen recte processerit, ad naturae suae, Plato legum Dialogo. 6. virtutem maximam vim habet ad hoc, vt comodum finem imponat. Et hoc stirpibus, in animalibus mansuetis et feris, et in ipsis etiam hominibus contingit. And therfore as he is guided & trained vp in his youth & springing time: so dooth he prooue to be either profitable or vnprofitable. Erasmus de Socrat. de Apophthe li. 3. Homo si rectam disciplinam fuerit adeptus, diuinissim [...]s euadere solet. Si vero non satis aut non recte fuerit educatus: omniū animalium que terra producit, fit ferissimus.
It is vvritten that on a time one Zopirus a Phisiognomon, came to Socrates, and by his face and other liniaments discribing his inclination and disposition: declared him to be [Page] a lecheror, a drunkard and a foole, and a moste disordered man. Socrates freends standing by and knovving all this to be vntrue, vvere offended and began to threaten him for his sayings, but Socrates stayed them and vvilled them to be contented, saying, he hath spoken nothing but the trueth, for such a one had I been as he sayeth: Nisi me Philosophiae gubernandum tradidissem, and vnlesse learning and vnderstanding had altered my vvicked and levvd disposition. For as it is said, Socrates vvas but a deformed man, his eares and nose like to an Ape, Indagine lib. de Phisiognomy. his eyes black and hollovv, his eye brovves heary and his back crooked: vvhich are arguments and demonstrations, by the censure and Iudgement of such as are professors and vvriters in the art of Phisiognomy, of such qualities and dispositions as Zopirus charged Socrates vvith all. As Socrates beeing instructed and brought vp in good learning notvvithstanding his corrupt nature and euil disposition, he became and vvas a vertuouse and vvise man: euen so vvho so vvil doo the like shall prooue & be the like. Gene. 11. Ioseph & Moises beeing brought vp in the learning of the Egiptiās, Exodus. 3. vvere in great authoritie and bare a great rule emong the people.
Daniel beeing instructed in the good letters and learning in Babilon: Daniel. 3. became to be the cheef gouernor ouer the vvhole prouince of Babel, and a [...]ed Ruler in Babilon.
King Cirus the sonne of Cambises and of Mandene the daughter of Astiages (king of the Medes) beeing cast out to be deuoured of the beastes, Iustinu [...]. li. 1. vvas kept and defended by a Bitche, vvho nurished and gaue him suck, vntill a Shepheards vvife took him avvay and kept him. Patricius de regno li. 4, tit. 5. [...] The vvriters of naturall causes doo affirme, that according to the nature and [...]litie of the food vvhervvith the body is fed and nurished, [...] of the body take their force and nature, and therby not [...] the body: but the minde also receiueth his disposition and inclination, [Page 8] vvhether it be magnimitie, drunkennes, vvantonnes or any such like, but especially of the nurses brest, vvith vvhose milke such dispositions doo make their entry and season, vvherfore Galen giueth coūcel, that a speciall care should be had in chusing of the Nurse, and of her disposition, Gal. de sanit. tuendi lib. 1. dyat and order. De Nutrice imprimis non minima est habenda cura quid edat, quid bibat et quo pacto se habeat, vt videlicet lac eius egregie fiat temperatum, quale certe erit si sanguis eius sit quam optimus.
And therfore some are of the minde that Alcibiades that noble, vvorthy and famouse gouernour of Athenes, took the good qualities bothe of his body and minde, Plutrachꝰ de Alcibiade. of his Nurse Amycha vvho vvas a Spartane or a Lacene vvoman. Nam plurimum lactis alimonia confert, non modo ad corpus formandum, verum ad effectus et mores. If this be true: then Cirus vvhether he vvere nurished of the bitch, or of the saluage Shepheards vvife, he should be disposed & affected according to their natures and qualities. And yet he beeing brought vp, educated and nurished, first in learning and then in suche honest exercises as doo cheefly appertain to a noble man: hee prooued and became a moste noble, vvorthy and an excellent Prince, asvvell in prudent and politique gouernment: as in valiantnes and provves. Fuerat corporis forma pulcherimus, Zenophn de pedya Ciri. libro. 1. animo humanissimus at (que) disc [...]linae et honoris studiosissimus. Thus Cirus in respect of birth and first disposition, by nature beeing very vnapt and vnfit to achiue to any great matter: yet by meanes of his good education he surpassed in euery respect of vertue, all the moste vvorthy personages in those dayes: for his vvisdome had in great admiration, and by his valiantnes became the Monarche of all Siria and Asia.
King Philip of Macedonia vvhen as his sonne Alexan [...] vvas borne, considering vvith him self hovv necessary it [Page] vvere, he should be educated and vvel instructed: assoone as he vvas out of his svvadling cloutes, he deliuered him vnto Aristotle the Philosopher, by him to be brought vp, and instructed in learning, as also appointed vnto him Tutors, by vvhome he should be taught and instructed in such good exercyses, as appertayneth to a noble man. And in bothe th'one and the other, he prospered so vvel: that fevv before or sithens him, haue excelled him in learning or valyantnes, by the one he attained to the conquest of all Asia, Patricius de Iustit, reip. Era▪ Apoph. lib. 4. and vvas sole Monarche: by the other he directed his gouernment in great vprightnes and Iustice, and therefore he vvas vvunt to say, that he did ovve asmuch reuerence and honor to his maister Aristotle: as to his father King Philip, for of his Father he had but his naturall life, but of his Maister, Bene viuendi initium.
The Chronicles of England doo reporte, that Egbertus King of the vvest Saxons, beeing a vvise and a good Prince had a speciall care for the good education of his sonne Ethelvvolphus, vvho to be king after him he savv hovv needful it vvas, he should be vvise, learned and valiant: did see him to be vvel instructed euen from his Childehood, and so vvell he profited therin, Quod omni tempore, regia laude fuerat dignus. Polidorꝰ his. Angli. lib. 5. And the same Ethelvvolphus hauing reped the good frutes therof, vvas no lesse careful for his iiij sonnes. Quos bonis artibus imbuendos summopore curauit. And they by that menes, the one succeeding th'other, vvere all kings, and did gouern both vvel & vvorthyly. Plato therfore, attributing this vnto good educatiō saith, Plato legum dialogo. 1. Dico et assero, virum qui in re quacunque prestans euadere volet, eruditionem. statim a pueris meditari oportere. hovv be it suche is the blindenes of the vvorld, that many or the more parte, putting a felicity in riches: are careful for nothing but hovv they heap vp lands, lyuings: [Page 9] great store of riches and money for their children, thinking then that all is vvel, and happye is that sonne vvho shalbe so left, and may glory and boaste in the multitude of his riches, but the Prophet sayeth Haec ipsorum vita stulticia est, for vvelth and riches beeing ioyned vvith knovvledge and vnderstanding, they are good, Et splendorem suum retinent, Psalme. 49. Patric. de regno li. 1. titu. 1. but vvithout the same Obscurae fiunt et turpitudinem temeritatem que augent.
Cicero therfore vvas of the minde that the best inheritāce vvhich a father may leaue to his Sonne, is vvisdom and learning. Optima enim hereditas a patribus traditur liberis, omnique patrimonia prestantior virtutis gloria. Cicero officiorum lib. 1.
VVell then if people assembled togither to the end to liue vvell, and in ciuil societie, and to be directed by the rule of good gouernment, vvhiche consisteth in the vvisdome of the gouernour, and the dutifulnes of the Subiect and bothe of these gronvv by menes of good and vertuous education: I dout not of your vvisdomes but that you vvil as good fathers & careful gouernours haue a special regarde heerin, you haue vvel entred and begun in ꝓuiding for the safetie of such Orphans as to vvhome any vvelth or liuelyhoods be groing but consider you that a naturall Father hovv many children so euer he haue, he careth, laboureth & prouideth for all, and so you ought to doo. It is not inough to prouide for the rich and vvelthy, for if you did it not, others inough there be that vvil take that care, but you ar to ꝓuide also for the poor Orphans: vvho vvanting all helpes, frendships and succors, are for vvant of your fatherly and careful prouision in perill either to perish, or to become noysome and vnprofitable members to the common vvelth, for Children left to their ovvne vvilles & disposiciōs, they be as earth vvhich of it self bringeth foorth nothing but bryers and brambles, and in the end, [Page] not onely improfitable to themselues: but also moste noyfull to the common state, they beeing thornes in the sides and pricks in the eyes of the good and honest. God therfore, vvhen hee had giuen the land of promise vnto the Israelites, he gaue them in commaūdement to destroy all thē vvhich they should finde dvvelling in the land vvithout remorse, Numer. 33. Iosua. 23. pitie or compassion, because they vvere vvicked, idle and lose people. For sayeth he, they shalbe vvhips in your sides, and thornes in your eyes, vntil you ꝑish out of the lād, vvhich the Lord god hath giuen you. For Idellers and floisterers are but thornes and thistles in a good Citie, and a vvell gouerned cōmon vvelth.
It is lamentable to see vvhat troupes and clusters of children, boyes and elder persons, lye loytering and floistering in euery corner of the Citie, but more lamentable it is that no care, no order nor redresse is had therof, vvhich if it be not loked vnto in time: it vvil rebound to the peril of the publique state of your Citie. Great shevves haue been made and attempts pretended for erecting of an Hospitall, and for employing of such idle childrē in some honest artes, but of these great blothes commeth small frutes, and of this shaking Hil, GOD graunt their come not forth but a ridiculus Mus. But if you do in deed tender the preseruation of the common state of your Citie and the continuaunce of so honourable and ancient a common vvelth: Plutar. prob. Zasius de actionibꝰ. Polydor de rerum inuēt. lib. 4. cap 31. Eborensis de legib. Galenus de sanitat tuenda [...] ▪ you may not onely acording to the councell of Moyses, rid your Citie of such idelers as vvhervith the same is novv replenished: but you must also remooue and take avvay the cause therof. For the Romains did not onely put to death the vvoman taken in adultery: but also if she did immoderately drinck vvine, because drinking of vvine is a meane to dispose and make the body apt and prone to lust and vvantonnes. Venter maero astuans facile dispumat in libidinem. [Page 10] For vvine as the Phisicions say beeing not moderately taken: hurteth bothe the body & the minde. Ad iram et libidinem precipites facit, et partem animae rationalem hebetem atque turbidam reddit. And it is a cōmon practise of the Phisition, that vvhen the sick patiēt is to be restored to helth, he doth not only purge the corrupt humor or sicknes: but also the humor, vvhich is the origine and cause therof, for othervvise the body cannot recouer his helth. And so in a cōmon vvelth not only Idlers and loyterers are to be exiled and driuen out thereof: but also the occasion and breeding of thē is to be cut of vvhiche is that yung children may be brought vp & be instructed in honest arts, for as of a good plant cometh a good tree, & of good seed cōmeth a good hearb: so of euil plants come bad trees, and of naughtie seedes euil herbes, & these hauing once taken root doo cōmonly so prosper that if they be not vveeded and pulled vp by the rootes: they vvill clene ouergrovv and choke vp the good. Experiēce teacheth that vvher the nettle prospereth: no good herb there grovveth, and vvhere the vveeds ouergrovve: the Garden is destroyed. Plutarcus de Licurgo.
Licurgus therfore did not onely exile and banish out of Sparta all the idlers therin: but also to preuent, that no imps of that sorte should increase and grovve, he erected Schooles and appointed Schoole maisters vvho had the charge to instruct and institute the Children in Sparta in learning or some honest artes and exercises, Patricius de regno. Alexander the great in euery contrie vvhich he conquered, he appointed Schoolmaisters vvho had the charge to bring vp & instruct all the yung peoples therin, in honest Artes, Sciences and exercises: by vvhich meanes he had alvvayes iij M. yung men and Children vvhich vvere vvel learned in the Creeke tung, and vvel practised in good and honest exercises. Olphanꝰ de reip. christian pro▪ Traianus the [Page] Emperour erected cōmon schooles, appointed the best learned schoole maisters, prouided great liuelohods and gaue liberall allovvances vvherby Children might be vvel taught and instructed. Patric. de ius. reip. lib. 1. The saluage Indians, vvho knovving no God, are onely led by a naturall reason, did so much abhorre and hate idlenes, that none could be suffred nor permitted, to eate any meat emong them before he had giuen an accoūt vvhat he had doon that day, & vvhether he had deserued any meat, vvhich if he could not doo: Cicero. offic: lib. 1. Tanquam inutilem ex caenaculo extrudebant.
The Romaines had not onely schooles for learning: but also their campos, martios, and common places, vvherin the yung Children and people vvere exercised and inctructed in such honest exercises and disciplines. In quibus nulla erat turpitudo. For it is the speciallest point and the cheefest parte of a good gouernour and a prudent Magistrate to prouide that Children and yung men be by their meanes instructed and brought vp in honest artes, knovvledge & discipline. Ineuntis aetatis inscitia, senum constituenda et regneda est prudentia. And surely the magistrate is no more bounden, but he vvould be as redy to performe the same, if he did or vvould consider, hovv that he is not in this respect a simple and priuat man: but is the father of the common vvelth, Ac personam totius Ciuitatis gerit. And therfore vvel considering his charge: he is to tender the same, and to regarde all sortes of people, Idem ibid. vvith a fatherly respect and affection. Ac summos cum infimis pari iuri tenere.
Cicero noteth out of Plato, tvvo speciall precepts incident and moste necessary in a Magistrate and gouernour, th'one is, that vvithout respect, he doo cheefly tender the vtilitie and profit of all and euery of his Citizens: the other is, that he doo also consider the saftie of the body of the Citie, for the gouernment [Page 11] of a common vvelth is moste like to the Tutorship of a yung pupil, vvhose gouernour and Tutor is to doo, such and all maner of things vvhich may tend & be for the best behoof and ꝓfit of the pupil: & for that cause is he called a tutor, Institutis de tutelis & tutores. quasi tuitor, that is to say a careful defendor and a diligent preseruer, bothe for the good educatiō of their personages and of vvhat so euer to them appertaineth, & so ought the magistrate vvho beeing the generall Tutor is the eye of the vvhole Citie, and therfore must beholde and see euery particuler mans cause, he is the eare and mouth of the vvhole body, and therfore is to hear all and to speake for all, he is the head of the vvhole common vvelth: and therfore must vnderstand and direct euery man in his estate and calling. Sic enim remp. tueri debet, vt omnibus consulat.
Many good orders I confesse haue been deuised by the prudent Magistrates and gouernours of this Citie for the good gouernment bothe of the elder sorte and of such yung Orphans, as vnto vvhome any vvelth is left, and vvho are to inioy the benefit of their parents trauels: but suche Orphanes, vvho hauing nothing left vnto thē, & beeing destitute of all releef and help: ar left to their ovvne dispositiōs, these as I said, I say again, svvarme in clusters in euery corner and quarter of your Citie, and for vvant of good education and nurturing, doo grovve to be thornes and thistles: and vvho as the Caterpillers, Frogs, grashoppers and lice of Egipt, Exod. 7.8.9. shalbe the plagues of this your common vvelth, and if remedy be not prouided: shall vtterly deuoure and destroy the same. And for these there is no care, no regarde nor account made▪ but you beeing the fathers of this common vvelth: it is your parte and bounden dutie to prouide also for the education, instruction, & vvhat soeuer is necessary for such, not onely in respect of the safetie and [Page] preseruation of this Citie: but also because God him self, vvho is the father of the Fatherlesse, Psalme. 68. hath giuen vnto you beeing his ministers the charge ouer them, and beeing a percel of your talent, and a portion of your office: you are and shall render for them an account before the high God at the latter day, Sapi. 6. vvhen and vvhere all such as beare rule and be in authoritie, and do not deale vprightly: shall haue a hard iudgement. VVherfore as you doo tender the preseruation of your ovvne Citie, doo vvish vvel to your ovvne posteritie, and vvil auoid the indignatiō and displeasure of the euer liuing God: haue some regarde to these poore miserable and destituted persons, let them bee prouided for, that by your meanes and vnder your gouernment they beeing taught and instructed in some honest art or discipline: they may become to be profitable mēbers to the common vvelth, for as it is vvritten. Si bene educati fuerint et educantur iuuenes, Plato legum Dialogo. 7. omnia tunc in rep. prospera nauigatione procedunt. But if you should be remisse, slack and carelesse heerin: vvhich God forbid, hovv great vvould be your offence and hovv greeuouse vvould be your foly against Cod, against nature, against your countrie, and against so many poor soules: vvhose vvant and distresse shall poure out lamentable cryes, and vvhose blood shall cry out vnto the Lord for vengeāce against you? Learne of the beasts of the feeld, of the birds in the Aire, of the fish in the vvater and of the vvormes creeping vpon the Earth, vvho though they be voide of reason, and doo nothing but Quantum sensu mouentur yet of a certaine naturall inclynation, they haue pitie vpo [...] man in his misery and doo releeue him in his distresse.
The Lyon (of all beasts the moste fierce and cruel) finding Androdus or Androcles the bond man in the vvildernes and redy to perish, Aulus gellius li. 5. ca. 14. did not only keep him and defend him: but [Page 12] also fed him dayly for three yeeres together, vvith me at sufficient for his sustenaunce. The she rauening VVolf gaue suck to King Cirus, & vvas a nurs vnto Romulus. Iustinus. lib. 8.43. Ionah. 1. The VVhale or graeat leuiathā, vvhen Ionah the Prophet vvas cast ouer the boorde in to the Sea to be drovvned, he took him in to his mouth and caried him safe to the land. The Delphin, Gellius. lib. 16. cap. vlt. Plinius. lib. 9 cap. 8. 1. Kings. 17. or Porpose, vvhen Arion the harper at one time, and Temelaus at one other time, vvere cast in to the Seas, he took them vpon his back, and brougt them safe to the shore. Eliah the Prophet beeing in the vvildernes, and vvithout all food, a Rauen brought him bread and flesh euery morning, Gesner. lib. 2. de quadrup. in lac [...]rto. and euery evening. The Lisard vvil not suffer a man to be bitten vvith the Serpent, nor to be stung vvith the Adder. Nam vbi fecit serpentem insidiari circum cursat per collum et faciē hominis, nec finem facit donec pruritu scasptu (que) vnguium excitetur. VVhat shall I trouble you vvith the resitall of brute beasts, and seem to persvvade you by the xamples of vnresonable creatures, vvhen that you your selues being vvise and resonable men, doo right vvel and sufficiently consider the same, & yet for your better direction, not vvanting many examples, & infinit presidents of all other countries, and vvel gouerned Cities and commonvvelthes, as of the Persians, the Macedonias, the Atheniās, the Romaines, the Spartanes, and also the Citie of London, vvith vvhich Cite if you be not equall: you ar not inferior nor in antiquitie, nor in the zeale vvhich may suffise to further you in any good actions, especially for the prouision of the fatherlesse children. And herin you should doo very vvel, & I vvould vvish you to follovve the order and manner of the Romaines, vvhose vse [...]e vvas, that if they at any time did heare or vnderstand of any nevv deuise, or strange thing, practised in any coūtrie [Page] or place vvhich they had not, they vvould vvith all speed get a patrone therof, and frame it to their common vvelth. Quicquid enim vspiam gentiū vel terrarum cognitu dignum inueniebant: Patric. de regno libr. 3. tit. 14, quam primum literis cōmendabant et in remp. suam transferebant, vnde disciplinas mores, leges instituta artes (que) omnes ab alijs in proprias tares deferebant, paruoque temporis curriculo remp. suam meliorem reddid erunt. vvhich thing, I knovve you haue doon in some things, as the order for orphans, you haue taken from London, and for the erecting of an hospitall, it hath been likevvise vvel ment of you to folovve the order of London, and partly some practises and deuises haue alredy been attēpted, therin vvhich are apparēt arguments & signes, of your mīdes vvel bent & disposed. And albeit, the same haue not as yet so good successe as so good a thīg deserueth: yet dispaire not, for all good attempts haue for the moste parte: hard begining, and the better the enterprise: the more impedimentes. Est enim in initio ardua virtutis via, & yet neuerthelesse there is nothīg so hard, ꝙ improbus labor non vincat, and vvhich a vvel vvillīg minde cannot compasse. Neuerthelesse I knovve many stūbling blocks vvil be laid in your vvay, and many aduersaries shall Iehuda, and Beniamin haue to hīder the building of Gods temple, but let this cōfort you. God vvil prosper the trauelles of Zor [...]babell & ouerthrovv the deuises of Sisennes, 1. Esdras. 5. the Godly in the end shall prosper, & the vvicked shalbe ouerthrovvne, in their ovvn imaginatiōs. Samuel. 17. Esther 7. Psal. 7.57.37.1. For as Achitophel received the revvard, & frute of his ovvne vvicked coūcel, & Hamon perished in his malicious deuises, and as the vvicked alvvaies fall in to the snare vvhich they doo prepare for others: so GOD deliuereth the iust and prospereth his dooings, 1. Corint. 3. Phili. 2. and vvhatsoeuer he taketh in hand, it shall go vvel vith him. For vvhen Paul planteth & Apollo vvatereth GOD giueth allvvaies the increase [Page 13] for he it is qui operatur in nobis velle, and he it is qui operatur in nobis perficere, as he giueth vs the grace to haue the vvil to doo good: so of his goodnes he blesseth our dooings to good effect. And although God of his goodnes dooth thus deale vvith vs, and so vvel prospereth our good dooīgs: yet vve may not as carelesse men, reiect to his care and prouidence, nether yet to be so simple, as to distrust nothing, Math. 10. for as there is a simplicitie of the Doue required in vs: so are vve also vvilled to be vvise as the Serpent, Isodo. etym. libr. 12.4. and politique as the Aspis. The Aspis vvhen she perceiueth the inchaunter to be busy about his charming, Psal. 58. vvherby to make her to serue his turne: she putteth foorthvvith her taile into one care and clappeth the other fast vpō the ground, & so her eares beeing stopped, she heareth not the voice of the inchaūter though he be moste experte in charming. So must you the magistrats turn the deaf eare, & not listē to the charmīg speech as of the flatterer, nor be caried vvith the smoothe vvoords of the dissembler, and as vvise Vlisses, Bocacius Certoldus de genealogia. deorū lib. 11. cap. 40. be not seduced nor caried avvay vvith the pleasāt (but moste perrillouse) sōgs of the Sirens, but as he did, so doo you stay and binde your selfe to the mastes of vvisdōe, & not to be discoraged nor disuaded from the folovvīg vnto effect, of so good & godly enterprises. And yet let not your eares be so stopped, Vptonus de officio militari. but that your eyes be as open, and learne of the Lion, vvho sleepeth alvvayes vvith his eyes open, & vvhensoeuer he is avvaked, he forthvvith getteth vp to the top of sōe Hil, Gesner. dequadrup. libri. 1. in leone. and there looketh abrode to vievv, & see vvhether any advarsaries be abrode, or vvhether any engī or snare be laid for hī, vvherby is signified his continuall care & diligence, asvvel to preserue that vvhich he hath in charge, as also a redines to remooue and vvith stand the impediments laid & prepared for him, vvhich are [Page] conditiōs & qualities moste necessarie in a vvise magistrate and a circumspect gouernour, vvho is alvvaye to be looking abrode, Isodor. etymolo. lib. 11. cap. 6. & to be circumspect in his dooings, especially vvhen any good act is to be taken in hand. For be he assured, he shall not vvant great store of aduarsaries, vvhich by one meanes or other, vvil doo vvhat may be doō, to stop the course of the same. Pluatar. Sympos. 2. questione. 7. Gesner. lib 4. de Aquatib. in Echenidc. Bellonꝰ. li. 4. de aquatilibꝰ The vvriters of naturall things, doo affirme that there is a fish in the Seas, named Echeneis or Remora, he is but of a small quantitie: but yet of great povver and strength, for a Ship beeing vnder sayl, in all her ruffe, and hauing vvinde vvether, & all things at vvill, yet this Remora sticking and cleuing to her keele, or bottom, dooth so stop her course, that shee cannot mooue nor make any vvay at all, but lieth stil as though shee vvere in some harbour, Plinius historiae natur. lib. 32. cap. 1. or at anker. Ruant licit venti seuiant (que) prosellae imperat Remora furori vires tantas compescit cogit (que) stare nauigia, infrenat impetus, domatque mundi rabiē nullo suo labore non retinēdo nec vllo alio modo quam adherend [...]. And for proof heerof, Plinie allegeth certain exāples, as hovv the ships of Antonius, of Cayus and of Periander vvere stayed at the Seas, by the Remora. And as theise remorae, doo stop and stay shipps at the sea from their due course: so there are also certaīe, & the like Remorae at the land, vvhich sticking & cleuing to the ship of the common vvelth, doo vvhat they can to stop and hinder the due course of good gouernmēt. At the seas there is but one kinde of remora, but at the land there are many, euen a thovvsand for one, and although sundrie and diuers: yet all tending to one end, and vvoorking to one effect. One and the cheefest of theise, Ambition. is Ambition or pride, vvhich is an immoderate affection of the minde, breeding Philautiam, or a self looue in mā, vvherof proceadeth an immoderate desire of honor and [Page 14] superioritie, enuying the superior, disdayning the equall, and contemning the inferior. And this is the moste naughtie vice vvhich is or may be in any common vvelth, and the fovvlest follie that cā be in man. Miserrima omnio est ambitio, pessimum in Ciuitate numen, maximumque inter homines malū, neither hath ther been nor yet is any one thing vvhich more impaireth the state of man, Iude. 1. ouer throvveth Cities & common vvelthes, and dissolueth the cōmon societie. The Angels in pride and ambition, climing and seeking to sit in the throne of God: lost their habitation, Genesi. 3. and are reserued in euerlasting chaines. Adam, ambicious to be as God: Numer. 16. vvas driuen out of Paradice. Corah, Dathan, and Abiron, disdaynīg the gouernment of Moises, and ambiciously clayming to the same: the earth opened and svvallovved them vp, vvith all their families. The ambicions of Scylla, Marius, Pō peius, Caesar & others, did spoyle & destroy more Cities and people of Rome: then did all their forain vvars & conquests. Carthage through ambicion vvas destroyed, & Pompeius ouerthrovven. Bladud King of this land, Gaufrede. Grafton. a man very vvel learned, yet beeing of Dedalus climing minde, vvould needs flee vp in to Heauen, and haue his seate there, and therfore framed vnto himselfe vvings to flee, but he vvas no sooner mounted vp tovvards his iourney: but that he fel dovvne and brake his neck. Ambicion brought Antichriste in to the Church of God, 2. Thessal. 2. and exalted the sonne of perdicion aboue God. Ambicion raised vp the vnpreaching Pashur, against the preaching Ieremy, & the vvicked Amaziah, Ierem. 2. Amos. 7. 1. Esdras. 6. against the godly Amos, and the enuious Sisennes, against good Esdras. Ambicion hath been the only cause of so many & of the infinit tragedies, vvhich from age to age, and from time to time, haue been vvithin this realme of England, vvher of the [Page] histories and Chronicles of the same, are ful fraughted and replenished. And therfore to cōclude: Insolens res plenaque intemperantiae, Omphalius de propugreip. cupiditatis, violentiae atque omnium malorum est ambitio dominandi (que) libido, quae nullis legibus constringi nullaque virtute potest retineri. Then if ambicion be so dangerous and fovvle a vice, beeing not to be brideled by any lavve, nor ruled by any vertue: it is the parte of euery priuate man, much more of him vvhich bereth rule and is in authoritie, that although he do excel in vvisedome, knoledge, learning, and other the good gifts of the minde, or doo exceed in riches, substance, and possessions, and other the giftes of Fortune, vvhich as the Prophet saieth, doo make men to svvel, Diuitiae si affluant apponunt cor, yet that they doo not exalte them selues, nor be high minded, nor yet disdaining all others ambiciously, to seek dominion and to rule the roste, for such men being very vnmeet to rule, and vnfit to gouerne, shall & vvilbe Remorae, & hinderaunces to good gouernment. There is another kinde of Remora, vvhich is named Auarice or couetousnes, Auarice. & this is an infaciable desire of the minde, to gather and heap vp riches, vvelth, and possessions, making no conscience hovv, or by vvhat meanes, the same is gotten, Cicero. 3. Paradox. but alvvaies careful to get, and fereful to loose. And in this auarice, there be three things cōcurrant, an insaciable desire of filthie lucre and gain, vsing and seeking all the meanes and vvaies they can, be it by right or by vvrong, they passe not so they haue it. The second is tenacitie, and a greedy minde, to keep, hoord, and lay vp in store that vvhich is gotten, making it as it vvere a GOD, and vvherupon the vvhole mīde is fixed and set, Math. 6. Ephe. 5. 1. Timoth. 6. as the Scripture saith, vbi thesaurus ibi et cor. and this man beeing in the vvickednes of his greedy affection, a plain Idolater, maketh [Page 15] shipvvrack of his faith, and is drovvned in vtter destruction. The third is, illiberalitie, vvhich is a pinching & a spare spending, pretending allvvaies a vvant and scarsitie, vnles it be in an evel cause, or to an euel end. The man possessed vvith this vvicked spirit or affection, is named avarus. Quasi auium aven [...], continually languishīg & thirsting for golde and riches, and neuer satisfied. Isodor. etymolo. lib. 10. Sed quantum plus habuerit tantum plus cupiat, vvanting that vvhich he hath, as that vvhich he hath not. Quitilianus eccles. 10. Sal. in catalina. Cicero in Parado Tam deest auaro quod habet, quam quod non habet: vvherof the vviseman saieth, the eye of the couetous man is neuer satisfied, and his minde is like vnto hel vvhich is neuer filled: Semper infinita, et insatiabilis etque neque copiane [...] and therfore as Cicero saith, there vvas neuer a couetous man found: Cui quod haberet satis esset. Such a man by the iudgement of some men, is moste like & best to be compared to a hedgehog, named in latin, Echinus, or Erena [...]: in name he varieth not much from the [...] & in forme is very like the Pig or hog, sauing that insted of here his body is ful of prickles except on his belly. Pingui [...] animal [...] Echinus, Gesner. de quadr. in Echi [...]o. et [...] modū formā que exprimit spinosus autē [...] in ventre: The hedgehog liueth by the grapes of other mens vineyards, & by the apples and frutes of other mens orchards and gardens, and vvhensoeuer he cometh to my vineyard, orchard or garden, if their be no frutes alredy fallen dovvn for hī he beateth some dovvn vvith his feet, & then roleth himself round vpon the same▪ spinisque confixa ex cipit: and so ladē, he trudgeth avvay vvith it, & is not to be discerned from the frute vvhich he beareth: and if in the vvay he doo perceiue that euery prickle haue not his lading, or that any thing is fallen dovvne he vnladeth himself of all the rest, ut [Page] omnes aculeos repleat: and is neuer satisfied, vntil euery prickle haue his frute and he ful laden, and being come home to his den: he hoordeth vp his store, sparely spending, & greedily keeping that vvhich vvickedly he hath gotten. And so is the couetous man, and this greedy Echinus vvho storeth him self vvith other mens goods, and enricheth himself vvith other mens vvelth, he sheareth euery mans herbes, and beateth dovvn euery mās apples, he (as a vvicked Achab) is in looue vvith▪ Naboths vineyard: he is neuer satisfied vntil euery prickle of his vvicked affection be laden, 1. Regum. 21. and his coffers be stored, he increaseth his vvelth by the spoyle of others, and euery man by him is deuoured, he is neither beneficiall to a common vvelth, nor profitable to a priuat man, but altogither as a Pig stil vvallovving in volutabro caeui sui: and nothing profitable before he be dead. [...] [Page 16] very prudent and vvise) had a faire and a large house, and he very greedy & desirus to haue thesae: came to the Serpent in the colde vvinter, and pretending great pouertie, beggeth some releef, & desireth lodging, and although he vvere denied: yet as a shameles persone so continevveth his sute, and vvith his importunacie, faire vvoords & smooth speeche, he so bevvitched and enchaunted the Serpent: that he at length obtaineth his sute▪ and a little corner of the house vvas graunted vnto him, for his lodging, vppon condition that he should not molest or disquiet the Serpent. This Echinus, vvas contented to yeld to all conditions, and promised to parfourme all couenaunts, but being once entred in to the hovvse: it vvas not long before he had forgotten all promises, and practiseth all the vvaies he may: hovv to obtaine his purpose, vvherfore he buskleth vp himself, and by litle and litle goeth about the house, & at length ful boldely seeketh euery place, and sercheth euery corner, but the Serpent, vvhose dainty and soft skin could not abide the sharp prickles of this churlish hedge hog: is driuē to leap from corner to corner and notvvithstanding she hisseth at him, and challenging her promises: dooth burden hī vvith vnkīdnes, yet it auaileth not, for she is so long driuen from corner, to corner: and from place to place, that at length she is clene shifted out of the doores & sent packīg to seek a nevv lodging.
And so fareth it vvith all such as doo or shall deale vvith a greedy couetous man, and a churlish hedgehog, for be a man neuer so prudent poletique and vvel adourned vvith vertues and honestie, let him deale neuer so frendly courteously and liberally, yet if the couetouse man do ones season & take holde of hī he vvil as sure as the hedgehog by one meanes or [Page] other vnder minde him of his possessions, bereft him of his thrift, and in the end driue him out of his house and home, for he is like vnto the Ivie, vvhose nature is to begin and to take roote first vnder the root of a tree, vvhich at the first being but litle, and the leaues gentle and small: springeth vp vvithout any harme felt therby and girdeth the tree round about, neuer ceassing vntil he cōe vp to the top, & thē hauing thus entred vnder the root, guirded the body & seased vpon the top, be the tree neuer so great & mightie: the Iuie ouercometh him, & he dieth. And so this couetous Iuie begīneth as it vvere hūbly & lovvly, vvith smooth vvoords, & offereth all curtesies, but by litle & litle, he so bevvrappeth the yung gentleman vvith his money, & girdeth him vvith his bōds: that in the end he hath the mastery, and the yung gentle man of a tree is become a small stick, to raunge the feeld and to tip daysies beeing novv in his doublet & his hose, redy to trip a pauian in Hamons court, and to daunce a galliard in Tibornes bovver. This is the nature of this churlish Echinus, of this creeping Iuie, and of this pernicius Echineis vvhose delight & only felicitie is set vpon heaping vp of the vvicked māmona euē to th'uter ruin of so many as shall deale vvith hī. And stil as a vvicked Echineis is stickīg to the keel of filthy lucre & gaine. And heerin he hath one other speciall qualitie or propertie of the Echineis: for as Plinie vvriteth, if he be kept in salte, as the Adamant of natrue dravveth Iron vnto it: so vvil it dravve golde out of any vvater be it neuer so deep. Plinius. lib. 9 cap. 25. Ea est enim vis Echenidis asseruati in sale vt aurum quod deciderit in altissimus puteos, admotus extra hat. And so the greedy couetous man, for lucre and gain, vvil diue in to the bottom of the deep vvaters, clime vp to the tops of the highest rocks, and creep vp to the highest parte of the mightiest trees, he vvil serch and seek out all the corners [Page 17] of the vvorld, and such are his subtile sleights, that no Citie is so strong, no place so vvel defended nor closet so secret vvhich can keep him out, and hauing ones his vvil: of all beastes is the moste churlish and cruel, for he spoyleth tovvn and countrie, skimmeth land and seas, spareth nor Church nor religion, forbereth nor freend nor foe, nor regardeth the common societie, nor pitieth the priuate familie. But as the Grashopper or Caterpiller of Egipt, deuoureth the frutes, the Moth eateth the garmēt, & the rust corrupteth the mettall: so dooth he consume, deuour & spoile all that euer is vvith out remorce, cōsideratiō, or pitie. Fama pudicitia, Salus. de rep. ordinanda. Psal. 14. liberis opibus at (que) parētibus cūctos mortales spoliat, & as the Prophet saieth, he eateth & deuoureth the people as it vvere bread, vvherfore be you assured, vvhere this cāker is once entred, & vvhere this venī is once shed: there is vertevv exiled and all godlines banished. Nullae ibi disciplinae nullae bonae artes, ne (que) ingenium vllum pollet, sed omnia vilia, fides probitas pudor at (que) amicitia.
And such mē may be compared to a certein kinde of Svvallovves, named Apodes, or Depodes, as vvho saith, birds vvithout legges, not because they vvāt legges: but because they vse them not, and theise in english are called the bank martinet, or svvallovve, but the harroldes, as also Sir Thomas Eliot name theim Martlets. The nature of theise is to be alvvaies fleeing vpon the vvaters, [...]nd commonly no ship saileth so far at the seas, but that theis Apodes, or Martinet, is also there fleeing. Nunquam enim tam longe tā (que) continuo cursu, Gesner. lib. 3. de auibus in Apode. Hirundine et drepauide. recedunt naues a terra vt non circumuolitent eas Apodes. He is alvvaies fleeing & neuer taketh rest nor sitteth as other birds doo, but vvhen the dead sleep taketh him: he hangeth by his legges. Pedibus dependens somnum [Page] capit, of all birds he is indocilis as Plinie saith, and not to be framed or to be taught to any thing. They doo flee meeting one th'other, as it vvere enccountrīg to fight, but indeed nothing else thē to hunt for flies, vvhich is their onely meate and food. Insidiantur mus [...]is atque culicibus quarum venationem sibi proponunt et quibus volando pascuntur, They are seen onely in the somer season, for in the vvinter they are gone. they doo breed in such holes as they cā finde alredy made, in the bancks, for nestes they build not.
And such an Apodes is the couetous rich man, vvho though he haue legges: yet for to doo good vvanteth thē, for to visit the sick, to releeue the poore, to contribute to the oppressed, to redeem the captiue, or to doo any good thing: he is lame and he cannot go. But for gaine and proffit, hath vvings to flee as far as any ship can saile. He cannot sleep nor quietly take his rest, because his minde is so pensiue and careful for his muck, and from the greedy looue vvherof, he by no parsuasion or reasons to be dissuaded: nor yet framed to do any good thīg, for he is indocil & not to be framed thervnto. He is vvelpleased to be harbored in euery other mans house, & to be fed at other mennes tables, but to harbour others he hath no skil, and to keep hospitaltie, is against his vvil: & notvvithstanding, his toyling, and turmoyling: he fleeth but after flies, and that vvhich in the day of the Lord shall litle auaile him. Iames. 5. But as Saint Iames saith: theire golde and siluer shalbe cankred: and the rust of them shall be a vvitnes against them, & shall eate their flesh, as it vvere fire.
Then if this be so foule a vice, so hainous a faulte, and so horrible a sin, in a priuat man: hovv much more intollerable is it in a magistrate & a gouenour. For the higher a man [Page 18] is in authoritie: the greater is the offence vvhich he committeth. Quanto quis conspectior. tāto maius in se [...] crimen habet qui peccat. Offic. lib. 2. And in vvhom cannot be a vvorse vice then Auarice. Nullū vitium saith Cicero, est tetrius quam a uaricia prefertim in remp. gubernantibus: For he vvhich is graueled vvith couetous [...]nes, and choked vvith auarice, & measureth all things by money, cānot discerne the trueth nor minister Iustice: Esay. 5 Deutro. 16. because (as saith the Prophet) he iustifieth the vvicked, and giueth sentence for revvards.
God, therfore commaundeth that none should be a ruler in Israel, but such as should iudge the people rightuously, and not vvrest the lavve, nor respect any person, nor take any revardes. For revvards blinde the eyes of the iust and peruert the vvords of the rightuous. VVo vvorth then to that vvarren, vvhere the Polcat is the vvarriner, to that flock vvherof the VVolf is the Sheepheard, & that common vvelth vvhere the carmorose and insaciable couetous man, is the ruler and gouernour. For such men be the Remorae vvhich sticking and cleuing to the keele of the ship: vvil not permit or suffer the common vvelth to proceed and prosper in good gouernement. These be the Adamant stones vvhich can doo nothing but dravv vnto them the cancred mettalle of filthy lucre and gain, vvhich shall in the end as much auaile them: as did the great store vnto Midas, and the great plenty vnto Tantalus. The one of them hauing infinit treasure, vvas yet so insaciable: that he prayed GOD that vvhatsoeuer he touched, might be Golde. And hauing his request: the meat & drink vvhervvith he shoulde be fed, the apparel vvhervvith he should be clothed, and finally, vvhatsoeuer he touched: vvas turned to Golde, and so miserably thirsting for Golde, and hungring for riches: he vvas [Page] famished in abundance, and perished in plenteousnes. The other likevvise abounding in vvelth and riches, and yet neuer satisfied: is fained by the Poets, to stand in a goodly Riuer in hel, vp to the hard chin, and ouer his hed, a treeful of all delectable frutes, euen falling in to his mouth. And yet reaching to take an apple, the tree riseth vp and goeth from him. And likevvse, vvhen he putteth dovvn his mouth to drink: the riuer shrinketh and fleeteth from him, according as it is vvritten by the Poet. ‘Tantalus a labris sitiens, fugentia flumina captat:’ vvhich verses of Horace Alciat, by chaunging of vvoords dooth thus note, Alciatus. Emblem. 84.
And so hauīg all things enioieth nothing: but lieth tormented, in perpetuall hunger and famine. Of these bothe, Palingenius vvriteth. Aurum cuncto precor (meanyng Midas) fiant quae corpore tanquam. Palingenius in Zodiaco de Tauro.
Such is the revvard of couetousnes, and such is the end of greedines. Iob. 27. Luc.. 12. Psal. 28. And yet vvhen they haue heaped, and gathered neuer so much and doo build nevv barnes to receiue their store: yet shall they cary nothing a vvay vvith them. Diues cum interierit nihil secum auferet, Luc.. 16 but suddainly, and in his moste securitie: they shall come and take his soule from him. And then according to the vvorks of his inuenciōs, he shall [Page 19] be caried in hel, and there to remain vvith the couetouse rich man.
Many & infinit examples might be resited, asvvel of perticuler mē, as of publique states: vvhich through couetousnes haue perished, and through auarice haue ben consumed. Luk. 6. 1 Timot. 6. But let this suffise, that the scriptures commaund vs to bevvare of couetousnes, because they vvhich vvilbe rich: shall fall in to temptations, snares, and in to many foolish noisome lusts vvhich drovvn men in to perdicion, and destruction, for the desire of money: is the root of all evel. Galenus de curandis animi affectibus. Idem quod medicus sit Philosophus. And as Galen sayeth, couetousnes is vvith out measure, and alvvaies desireth more then need requireth, and is the onely cause of all sorovv, sadnes and heuines. Est inexhausta cupiditas plura (que) expetit, quam vsus postulat: homines inexplebiles reddit vnica (que) omnis maeroris et tristitiae est causa: nā quicquid facinoris audent patrare homines auaritiae persuasu patrare solent. And therfore as that vvater, vvhich issueth out of a venimous spring or fountaine, cannot be holsome: no more can that gouernment be good and prosperous, vvhich is directed and cometh from a couetous magistrate, and a gteedy governor.
If therfore, you vvil haue your gouernment to be assured, your Citie to prosper, & your good deuices to take effect and good successe: take heed and bevvare of this Remora and let him not be suffered to stick & cleue to your ship, nor haue place in your counsells.
There is also a third kinde of Remora, and is named anger malice, or displeasure, Anger. vvhich is a malicious disposicion of the minde, not liking nor pleased: but greeued, and offended either for some iniury and offence doone or supposed to be doon: and therfore is altogether set to be reuenged seeking [Page] by all meanes hovv to compas the same, by deuice or by vvord, or by act or by all. VVhich beeing so euel an affection, and so far from right reason: Plato defineth to be a violent force of an vnresonable minde, vvith out all order or reason. Est enim Ira ceu concitacio animi impertus vilentus animae irrationalis abs (que) ratione ceu ordine mentis. Plato de difinicionibus. This affection as the Philosophers say: hath his seat & being in the hart, for vnto the soule, they doo attribute three faculties. The first is reason, vvhich is placed in the hed. The second is that vvhich vvanteth, & is vvithout reason: and is named anger, Plutarchus de [...]omero. and that is placed in the hart. The third is appetite or lust, and that is placed in the parts vvhich are neer the belly. The sāe also vvriteth Gallen, vvho hath these vvoords. Galenus de placitis lib. 5.6. et. 7. Idem de locis affect. lib▪ 3. Alciat. Emble. [...]7, Galenus de sanitate tuenda. decausis morborum. de causis pul [...]s [...]um. De placitis. lib. 6. Allciatus. Emblem▪ 84. Galen. de arte curandi. Tres sunt animae facultat [...]s, corpus nostrum regentes, rationalis, Irassibilis et appetitoria. Also in his booke of places affected, he hath these vvoordes, Porro rationalem animae vim in cerebro, virilem irascibilemue incorde ap petitoriam in [...]ecore sitam esse nemini non persuasum existimo. This euel disposiciō, or effect of the mīde, & vvhich is thus placed in the hart: cometh and proceedeth of the feruency, inflamation or enkendling of the blood about the hart, for there are in man (as the Phisicions say) tvvo humours ingēdred of blood, the one is named Bilis flaua ▪ or melancholie, and hath his seat in the liuer and spleen. Th'other: is named Bilis atra or choler, and hath his seat in the hart, and this is ingendred of the blood about the hart, beeing distempred and inflamed a [...]oue his iust temperature. And as Gallen saith, is of all humors the hottest, omnium humorum qui sunt incorpore est callidissimus. And of this faruencie cometh anger, and men become vvrothful, ex nimia coloris abundancia et feruore incorde fiunt homines iracundi, and [Page 20] therfore Isodorus saieth Iracunda commeth of the vvoords Yr, vvhich is flaming and of Yra, vvhiche is inflamat, that is to say, a fire or a flame vvhich burneth & inkindleth. Lib. etymolog. 10. This perturbatiō or euel affect of the minde, hauing in it sōe parte and portiō of all other euil affections. Pluta. de fra. Nam omnium per [...]urbationum semina, in iram videntur confluxisse, is of suche a maligne and naughtie disposition, that vvho soeuer is troubled thervvith: is for the time as it vvere a mad man, and is caryed vvith a kinde of madnes. Qui enim Iracūdiae morbo labor [...]t, parum admodū a furiosis secernūtur: Patri. de inst. reip. lib. 2. tit. 9. impetus (que) irati animi ab infania vel furore nihil differt, and if in time the same be not compressed and stayed: it becommeth and is very madnes as Patricius sayeth▪ Si non comprimantur an tequam liberius vagentur, Gale. de currand. animi affectibus. Patric. de reg [...]no. li. 4. tit. 9▪ ad insaniam at (que) furorem compellūtur. And beeing brought to this extremitie are voide of all reason, set vpon mischeefe and neuer satisfied but vvith reuenging. And therfore such men for the time and vntil they be recouered and come to them selues again: are to be shunned out of all Councels, and sequestrated out of all assemblyes. Prouerb. 22. Make no freendship (saieth Salomon) vvith the angry man, nor keepe company vvith the furious: lest thou receiue destruction to thy soule. For the angry man is as the fire, vvhich the more it is: the more it burneth, for vvhy? Ecclesiastic. 28 he vvil agree vvith no man, he is singuler to him self, and vvil haue euery man daūce after his Pipe, or els the cōmon state vvil be disturbed & the ciuil societie disceuered, vvherof doo cōmonly insue spoyles, murders, conspiraciōs, seditions, and all such other detestable vices. Quibus status omnes publici at (que) priuati, solent labefactari. And as this affection or perturbation of the minde proceedeth from the blood beeing inflamed and ouerhet, vvhich as say the Phisitions, [Page] it maketh men vvhot and firy. Homines accendit ac igneos reddit, Galenus de animi morū et corporei temparementi consequentione. Alciat. Emble. 36. Genes [...]. 4. 2 Kings. 21. Math. 2. then for the moste parte they are all set in blood, and ar delighted in slaughter.
Cain in his malice slue his brother Abel, & Manasses in his fury murthered his father Isaiah, & filled the streats in Hierusalem vvith innocent blood Herod in his rage spilt the blood of his innocent children, of tvvoo yeers of age. Periander of Corinthe, in his fumes murthered his vvife, being great vvith childe. Marius and Silla, in their outrages: made hauoke of the Citisens of Rome, Salust. Hall. Grafton. and filled all Italy vvith blood. Richard of Glocester, in his raging heats and furious flames: embrevved him selfe vvith moste haynous murders, and horible bloodsheds. Such are the frutes of raging mindes, and such are the effects of furious heds, vvhich dooth so alter and alienat a man from the right vse of reason: that of all brute beastes he is become the vvorst.
And the same rising by degrees, are at the first easily to be compressed, and vvithout difficultie to be staied, for albeit (as saith Galen) a man cannot be clene, and altogither exempted from that affection of the minde: Galen. de curand. animi affecti. yet he may stop the extreame feruencie therof. Nam abira prorsus liberari nemo simul ac velit continuo potest: perturbationis tamen intemperantiam, at (que) insolentiam, cōprimere po [...]est▪ for at the first, it is but a mocion and a disposicion of the minde vnto anger, and then as he dooth slacke and que [...] [Page 21] the fire, vvhich dooth not maintaine and norish it vvith matter apt for the same: so doth he driue & put avvay anger. Qui eam in initio ne (que) alit ne (que) sese inflat. Plutarc. de Ira cohibend. But if a man not giuing place nor yelding to reason, doo vvax vvarme and folovving the humor, be inflamed, and so malicious: then they in the end, doo become furious and voide of all reason, and not easily to be reclaymed. Patric. de regno. lib. 4. tit. 8. Animus enim ira effrenatus virtutis ac rationis habenis non regitur. It is lamentable therfore, yea and very daungerous, asvvel to the priuate man as to the publique state, vvhen a magistrate or a Senator, standing to muche in his ovvne opinion, either by reasō of his authoritie, vvelth, knovvledge, & vvisdome, or other good gifts: vvil be so fickle and vncertain that vvith the vvagging as it vvere of a stravve, and for euery trifling and light matter: vvilbe mooued and vvax vvarm. And as the vvilde Bore out of the vvood, vvil buskel vp himself to be bevvreked, and haue his vvil: thinking then to vse his authoritie and rule best vvhen he can rage moste. But as the svvord is not to be put in to the hand of the furious: no more is gouernment to be committed to the hastie. Qui enim animi perturbatione laborat, Cicer. offic. lib. 1. inutilis prorsus est reip, et in caetu hominum importus habetur. S. Paule maketh an argument a minori, that the preest, or Bishop vvhich cānot rule his ovvn hovvshold: is very vnfit & vnmeet, to haue the charge & gouernmēt of the Church of God. 1. Timo. 3. Siquis domui suae prae esse nessit comodo dei ecclesiam curabit. And so the magistrate, if he cannot rule and direct himselfe in that sobrietie, grauitie, & vvisdome as to him appertaineth: hovv shall he be able rightly to gouern, & vvel to direct the common state and publique vvelth? It is requisit therfore, that he abooue all [Page] others be vvise, sober, gentle, and pacient, and free from those angry and furious dispositions: that the cōmon vvelth be not by him hindered, and that he himselfe non incidat in morositatem inutilem et odiosam: & so alltogether vnable to doo any good, for the man fretized vvith anger, and choked vvith choler: dooth nothing vvel, & therfore saith Cicero absit ira procul, cum qua nihil recte, nihil considerate fieri potest. Cicer. offic. lib. 1. Iames. 1. For man in his anger can accomplish no good thing.
If therfore you vvil haue your counsails to take effect, your good deuises to proceed, your good gouernment to proceed, & your common vvelth to florish and increase: take heed and bevvare that the hastie and soon vvarmed man, be not priuie of your secrets nor sit in your counsailes, for he vvil vvithout all faile, be suche an Echineis or Remora, that he vvil not onely stay the ship of the common vvelth from his due course: but also put him in perril of subuersion, and in the daunger of the rauening Leuiathan.
There be also sundry other vices vvhich proceed from an euell affected and a corrupt harte, as adulteries, thefts, drunkēnes, contēcions and such like: vvhich do pollute and defile a man, making him very vn apt, and vnfit to haue gouernement. For it is not inough for a magistrate to be patient and free from an angrie minde: but he must also be othervvise honest, good and vpright, ne (que) enim fat esse putes ab ira vna dun taxat liberum conseruare nisi etiam ab omni edacitate vinolentia nequitia duriositate inuidia alijsque malis affectibꝰ te purum atque integrum conserues. Galen. de curand. animi affectibus. VVherfore as vvhen the vveeds be rooted vp: the hearbs doo grove, vvhen the VVasp or bomel Bee is expulsed out of the hiue: the Bees make good Honey, and vvhen the Remora [Page 22] is remooued: the Ship maketh his vvay. So these naughty disposicions ones remoued, & the common vvelth rid from the same: your good attempts vvil prosper, your good deuices vvil proceed, and your hospitall vvil be farthered. Rom. 8▪ For to them that doo looue God and doo all things vvel▪ Omnia cooperantur in bonum. All things shall go vvith them, and vvhatsoeuer they take in hand it shall prosper.
And as you for your partes, as good fathers and prudent gouernours, haue been and yet are very careful and studious to doo vvhat in you lieth, for the erecting of an hospitall: a thing in respect of the poor destituted & helples children necessary and expedient to be doon: so am I in good hope of your like affection, zeale and good vvill, for and in the erecting, and establishing of a free gramer school vvith in this citie, a thing no more needful then moste necessary for the generall education of children, of all sorts and degrees in learning. But heer I vvil rather suppresse in silence, then in vttering to prognosticat the euil euen [...] vvhich for vvant therof, is in time like to ensue. And yet the matter so serueth, the time so requireth, and necessitie so vrgeth: that it is more thē high time the same vvere considered, and vvherin I vvould gladly vse some speches, sauing that I minde not, and am very lothe to produce my speech, vvherby to be tedious vnto you, or offensiue vnto those to vvhose office, duty, and calling the same appertaineth. But to my purpose, as there appeereth an ernest zeale and good affection, that the hospitallment might come to effect▪ so dout you not but that euery honest and good citezen vvilbe as ready, for his part & porcion to doo the like. For it is the parte, and boūden dutie of euery good citesen, [Page] omni studio at (que) prouidentia certare in curandis reip. commodis, Plutarc. de reip. gerende precept. et probe cōsultata, recte perficiendi occasiones suppeditare atque in reip. gloria atque vtilitate augenda magistratum adiunare, euery good citisen vvil contend and striue the one vvith the other, to help and further the common vvelth in all good and profitable things, asvvel in giuing his aduice: as also giue and contribute of his ovvne vvherby to help the magistrate, in the furtheraunce of the proffit of the common vvelth. And therfore for asmuch as you haue giuen the attempt in so good a cause, & some good hope is conceiued of your good continuaunce and forvvardnes therin▪ distrust not but that GOD vvil send good successe. For although your beginings be hard, & haue many Sisemies vvhich doo vvhat they may to hinder the same: yet you knovv that of hard beginnings come good endīgs, and good attempts haue good successe.
Experience teacheth you, hovv that in this your ovvne Citie, such things as doo cheefly aduaunce, and maintaine your ovvne common vvelth, vvere vvithstanded, maligned, and resisted at the begining.
And for asmuch as th'order for th'orphans, alredy by your industrie & meanes, brought to passe, dooth conserne and appertaine vnto all your citisens, or the moste parte of thē, and the same beeing a lavv to binde thē, their ignoraūce cannot excuse them. [...]gnorantia iuris non excusat. I haue thought it (vnder your fauour) very meet and expedient, that the same should be so set foorth & published, that euery man might vnderstand and knovve the same. VVherfore presently, I haue collected and dravven out the vvhole order in as perfect manner as I can. And first I haue begun vvith the charter and graunt made by the Queenes moste [Page 23] gracious maiestie that novv is. Then folovveth the act of parlement, confirming the same. And after it; all the orders and ordinaunces by you the Maior and common counsaile decreed, ordained and established for the same. And then the offices duties and fees of euery officer, and all such other things as are incident to the said order. And lastly the maner of all recognisances, and other vvrits for processe cō cerning the court for Orphans. VVhich my trauailes, such as they ar: I doo offer and present vnto you, not to the end nor yet meaning to teach and instruct you: but to remember you of your ovvne dooings, and to teach and instruct the residevv of your citise [...]s, vvhome the same specially do tovch and concerne, and for vvhose children the same are doone and prouided. And all be it, I haue perhaps vsed heer in more vvoords then reasons, more speeches then good sentences, and more talke then becometh, and so haue ouershot my selfe: yet there vvanteth not in me a redy and a good vvil to doo the best. Voluntas quidem prompta est, facultas autem nulla aut Difficilis, Plato legum dialogo. 1. vvherfore I am to pray you to pardon my rudenes, and to beare vvith my vvekenes. For matter as me thought, offered it self plē teously, the time [...] me & the [...]eering pen vnvvares [...].
The [...] in their counsailes [...] elders: direct your counsailes▪ guide your dooings, and prosper your gouernmentes, that as this auncient citie, florishing vnder the good and prudent gouernment of your auncestors, and predecessors, Lhuyd in the breuiary of Britaine. vvas called Augusta that is to say florishing and increasing: so the same by you directed in all vvisedome, Iustice, and good order, may prosper and encrease [Page] more & more, and be magis Augusta: and in th'end, vvhē the liuing GOD shall renevve, and restore the same to a moste perfect, absolute, and happy estate: the same may be maxime Augusta, and you to haue your seats emong the xxiiij. elders, and be crovvned emong them in the euerlasting Citie and heauenly Hierusalem of the immortall, eternall & euerlyuing God. Exon. iiij. Iubj. 1575.
¶The Charter for the order for the Orphans within the Citie of Excester, graunted by the moste gracious Quéene ELIZABETH.
ELIZABETH deigratia Angliae Franciae et hiberniae Regina fidei defensor. &c. Omnibus ad quos presentes literae per venerint salutē. Sciatis quod ob amorē et intimum fauorem quibꝰ dilectos subditos nostros Maiorē balliuos, et communitatem Ciuitatis nostrae Exon prosequimur: cupientes et multum desiderantes remp. et communitatem dictae Ciuitatis nostrae indies in melius reformari, gubernari et augmētari. Necnon volentes fidem, obedientiam et seruicium dictorum Maioris, Balliuorum et cōmunitatis dictae ciuitatis nostrae praecharissimo fratri nostro Edwardo nuper regi Angliae praestita, et facta, in quadam rebellione & obsidione, versus cameram nostrā dictae ciuitatis nostrae motis per quosdam in partibus Deuon, et Cornubiae tunc rebelliones suorum fidei et obedientiae immemores in obliuionem trahi, sed potius vt eorum fides obedientia, et veritas in perpetuam obseruetur memoriam, tam de praedictis, quam de aliis considerationibus, [Page] nos mouentibus, de gratia nostra speciali, et ex mero motu nostro, omnes et singulas antiquas libertates, consuetudines, priuilegia, franchesias iurisditiones praeminentias et caetera, omnia et singula quaecun (que), Cōfirmatio libertatum. quae in aliquibus Chartis aut literis patentibus aliquorum progenitorum seu antecessorum nostrorum Regum Angliae dictis Maiori, Balliuis et communitati cōitatus dictae Ciuitatis nostrae Exon, et eorum successoribus dum Maior, Balliui et cōmunitas comitatus dictae ciuitatis nostrae existebāt ac Maiori, Balliuis et cōmūitati dictae Ciuitatis nostrae Exō, et eorū successoribꝰ dū Maior, Balliui et cōmūitas dictae ciuitatis nostrae Exō existebāt: ac Maiori, Balliuis et ciuibus dictae Ciuiiatis nostrae Ex [...]ōet eorū successoribus, dum Maior, Balliui et Ciues existebant, Ciuitatis praedictae vel quocun (que) alio nomine aut quibuscumque alijs nominibus, dictis Maiori Balliuis et cōmūitati, ante haec tempora facta et cōcessa: dictis Maiori, Balliuis et cōmūitati Ciuitatis nostrae Exon, et eorum successoribus imperpetuū pro nobis haeredibus et successoribus nostris, acceptamus, approbamus et ratificamus: et pronobis, haeredibus et successoribus nostris, quantum in nobis est tenore presentium confirmamus [Page 24] Et insuper volumus et pro nobis, haeredibus et successoribus nostris concedimus et confirmamus Maiori, Balliuis et cōmūitati Ciuitatis nostrae Exon praedictae, et eorum successoribus imperpetuum: quod habeant, gaudeant, vtantur, et fruantur omnibus et omnimodis libertatibus, preuilegijs, potestatibus et Iurisditionibus infra limites et bundas comitatus Ciuitatis nostrae Exō praedictae, in tam amplis modo et forma, prout cō tinetur in aliquibus chartis aut literis patentibus vllorum progenitorum seu antecessorum nostrorum quondam regum Angliae. Et adeo plene libere et integre ac si omnia et singula in eisdem aut eorum aliqua, contenta, essent, modo in hijs literis nostris patentibus peculiariter, et verbatim expressa declarata et contentata. Et vlterius de vberiori nostra gratia et ex mero motu et scientia nostris damus et concedimus pronobis haeredibus et successoribus nostris, praefatis Maiori, Maior cō stituitur Escaetor infra comitatum Ciuitatis Exon. Balliuis, et cōmūitatis Ciuitati nostrae Exon praedictae et eorum successoribus imperpetuum quod Maior ciuitatis nostrae, praedictae et successores sui imposterum pro tempore existentes, imperpetuum sit Escaetor noster haeredum et successorū nostrorum, detempore in tempus, infra comitatum Ciuitatis [Page] nostrae Exon praedictae. Ita quod iuramentū praestet corporale in Guihalda Ciuitatis praedictae, tempore admissionis suae in officium Maioratus, quod officium Escaetoris fideliter exerceat. Et quod nullus alius Escaetor nostrae haeredū vel successorum nostrorum infra dictam Ciuitatem nostram aut fines et limites comitatus eiusdem ciuitatis, aliqualiter se intromittat, aliquo tempore infuturum. Et quod vicecomes noster haeredum et successorum nostrorū infra comitatum dictae Ciuitatis nostrae Exon imperpetuū, Vicecomes custodiet duo sua turna. in quolibet anno habeat, teneat et custodiat, duo turna cum curia visusfranciplegij infra comitatum Ciuitatis nostrae Exon praedictae, temporibus in alijs comitatibus regni nostri Angliae consuetis et vsitatis pro eisdem. Vicecomes cōstituet suū subuicecomitem. Et quod quilibet Vicecōes noster haeredum et successorum nostrorum Comitatus Ciuitatis nostrae Exon praedictae imposterum pro tempore existenti imperpetuum faciet, constituet et habebit de anno in annum vnum subuicecomitem de et pro exercitione et occupatione officij subuicecomitis infra comitatum Ciuitatis nostrae Exon praedictae, tali modo et forma prout ciuitates nostrae London et Bristollia seu eorum altera habet aut habuerit. Et quod praedicti subuicecomites, [Page 25] clerici et officiarij vicecomitis comitatus Ciuitatis nostrae Exon praedictae, Subuicecomes potest officium continuare de anno in annum. pro tempore existentes, possint et valeant continuare et exercere officia sua praedicta de anno in annum quemadmodum ceteri subuicecomites clerici et officiarij vicecomitū nostrorum in Ciuitatibus nostrae Londō et Bristoll, seu earum altera possint et valeant abs (que) vlla forisfactura, paena seu penalitate, aliquo statuto, ordinatione seu prouisione in contrariū non obstante. Et etiam volumus et per presentes pro nobis haeredibus et successoribus nostris cōcedimus praefatis Maiori, Maior et xxiiij. possint statuta et ordinationes facere. Balliuis communitati Ciuitatis nostrae Exon praedictae, et successoribus suis imperpetuum quod Maior et viginti quatuor de cōmuni consillio Ciuitatis nostrae Exō praedictae, vel eorum maior pars qui pro tempore erunt pro meliori statu et gubernatione cōitatus aut Ciuitatis nostrae Exō, actus ordinationes statuta et prouisiones pro communi vtilitate comitatus aut Ciuitatis nostrae praedictae et in habitantum eiusdem, de tempore in tempus imperpetuum ordinare facere et statuere ac eadē alterare mutare et reformare ad eorū libitum possint et valeant, modo eadem leges ordinationes et statuta aut eorū aliquod siue aliqua non sit nec sint legibus et ordinationibus huius [Page] regni contraria. et vlterius de vberiori nostra gratia volumus quod praedicti Maior et Balliui Ciuitatis nostrae Exō praedictae, Maior et Billiui habeant gubernationem omnium indigenorū et misteriorum. qui pro tempore erunt de tempore in tempus imposterum habeant scrutiniū, gubernationē, superuisū et punitionē omnium Indigenorum et alienigenorū, omniū et singulorū ciuium et aliorum in habitātium infra comitatum Ciuitatis nostrae Exō praedictae quoquo modo vtentium seu exercentū aliquibus misterijs infra comitatū Ciuitatis praedictae seu aliqua re eisdē aut alicui eorundem pertinente tam in emptionibus, scissuris, operationibus, mensuris et ponderibus quam in quacun (que) alia re ad dicta misteria seu eorum aliqua quoquo modo spectante seu pertinenti. Maior et Balliui habent punitionem omnium personarum de aliquo misterio. Et quod dicti Maior et Balliui Ciuitatis praedictae qui pro tempore erunt habeant superuisum, punitionem et correctionem tam de omnibus et singulis personis quam de misterijs praedictis ac de omnibus delictis factis fiendis perpetratis et perpetrandis infra comitatum Ciuitatis nostrae Exon praedictae, totiens quotiens et quando ipsis visum furit: ita quod huiusmodi correctio, reformatio seu punitio cuiuslibet delinquentis seu delinquentum, fiat per dictos Maiorem et Balliuos qui pro tempore fuerint secundum leges ordinationes [Page 26] et statuta huius regni Angliae aut consuetudines dictae Ciuitatis nostrae Exon. Et vlterius volumus et concedimus pro nobis haeredibus et successoribus nostris, praefatis Maiori, Balliuis et cōmūitati Ciuitatis nostrae Exon, Camerarius Ciuitatis constituēdus. et eorū successoribus imperpetuum quod de caetero sit et erit in Ciuitate nostra Exon praedicta, perpetuis futuris temporibus vnus camerarius Ciuitatis nostrae Exō praedictae, qui quidē Camerarius et quilibet successorum eius pro tempore existens, de tempore in tempus erit eligendus nominandus et praeficiendus modo et forma sequentibus, Camerarius quādo presiciendus et eligendus. videlicet quod Maior et viginti quatuor de communi concilio dictae Ciuitatis nostrae Exō aut illorum maior pars pro tempore existenti ad eorum libitum et placitum in guihalda dictae Ciuitatis nostrae Exon quandocun (que) voluerint imperpetuum de tē pore in tempus eligent et nominabunt vnum de ciuibus eiusdem Ciuitatis nostrae Exon qui liber infra eandem ciuitatem adtunc fuerit, Camerarium Ciuitatis nostrae praedictae, habendum et exercendum oifficium illud quamdiu fuerit in dicto officio, ac quous (que) idem Camerarius ab officio illo per Maiorē et praedictos viginti quatuor de cōmuni concilio, aut illorum maiorē partem ob aliquam [Page] causam rationabilem fuerit amotus, aut ab illo officio sponte recesserit aut morte preueniatur▪ qui quidem Camerarius sic electus, nominatus et prefectus et successores sui qui pro tempore fuerint et eorum quilibet cum electi, creati et prefecti fuerint coram Maiore et Balliuis dictae Ciuitatis nostrae Exon in Guihalda praedicta, Sacramentum camerarij. dictae Ciuitatis nostrae Exon sacramentum praestabit corporale, quod ipse officium camerarij eiusdem Ciuitatis nostrae Exon ac omnia quae ad illud officium pertinebunt ad faciendum et exersendū, quā diu illud officium habuerit et exercuerit bene et fideliter faciet, exercebit et exequetur. Et quod quilibet Camerarius dictae Ciuitatis nostrae Exon de cetero, eligendus et nominandus, cū in camerarium eiusdem Ciuitatis nostrae Exon electus praefectus et nominatus fuerit habeat successionē perpetuum quod (que) ipse et omnes successores sui imperpetuū, Camerari successio est perpetua. Camerarij dictae Ciuitatis nostrae Exon nominentur et vocentur: Camerarius sigillū pro officio habere debet. habeant (que) et eorum quilibet habeat sigillum pro officio Camerarij dictae Ciuitatis nostrae Exon ac pro negotijs et officio camerarij dictae Ciuitatis nostrae Exon pertinens deseruiturū. Et quod Camerarius dictae Ciuitatis nostrae Exon ac omnes et singuli succecessores [Page 28] sui imposterum eligendi et preficiendi imperpetuum habeant et eorum quilibet habeat cum in officium camerarij Ciuitatis nostrae Exon electi, praefecti et iurati fuerint, Authoritas Cam [...] rarij. consimiles authoritatem et potestatem faciendi et exercendi ac omnia et singula facient et exequentur infra comitatum dictae Ciuitatis nostrae Exon, et libertates ac procinctus eiusdē tales et huiusmodi quanta et qualia camerarius Ciuitatis nostrae Lōdon infra eandem Ciuitatem nostram London facere vel exercere potest aut facere et exercere consueuit. Et quod praedictus Camerarius et omnes successores siui imposterum eligendi imperpetuum Camerarius potest placitare et implacitare. per nomen camerarij Ciuitatis nostrae Exon et eorum quilibet pro tempore existenti coram nobis haeredibus et successoribus nostris in Cancellaria nostra haeredum et successorum nostrorum necnon coram Iusticiarijs nostris haeredum et successorum nostrorum de commūi banco et coram Thesaurario et Baronibus de Scacario nostro haeredum et successorum nostrorum quam coram quibuscun (que) iudicibus siue Iusticiarijs nostris haeredum et successorū nostrorū quibuscun (que) alijs iusticiarijs siue Iudicibus nostris haeredū et successorū nostrorū in quibuscun (que) curijs locis et plateis placitent et [Page] implacitētur, placitare et implacitari, responderi possint in quibuscun (que) actionibꝰ, sectis, quaerelis, et demādis realibus persōalibus et mixtis, negotia cō munia dictae Ciuitatis siue orphanorū eiusdem siue eo aliquod, quoquo modo tangētibus. Et quod praedictus Camerarius dictae Ciuitatis nostrae Exon et successores sui, et eorum quilibet detempore in tempus omnia et singula reuentiones prouentiones proficua et emolumēta quaecun (que) quae idem Camerarius vel successores sui tempore quo Camerarius dictae Ciuitatis extiterit vel extiterint ad vsum et proficuum Maioris, Balliuorum et cōmūitatis Ciuitatis illius receperit vel pereperit, necnō omnia onera et omnimodas chartes, euidentias, scripta obligatoria et munimēta quae idē Camerarius et omnes successores sui imperpetuum imposterum eligendi pro tempore existenti durante tempore quo ipse Camerarius vel aliquis eius successorum Camerarius Ciuitatis nostrae Exon praedictae extiterit, Camerarius omnia que ad vsū Ciuitatis reciperit fideliter seruab [...]t et expendet ac de anno in annum fidelē cō potum reddet. ad vsum dictorū Maioris, Balliuorum et communitatis dictae Ciuitatis nostrae Exon aut successorum suorum receperint seu habuerint seu recipiet, habebit ad vsum dictorum Maioris, Balliuorùm et communitatis dictae Ciuitatis Exon et successorum suorum durante termino [Page 29] quo ipse Camerarius vel aliquis successorum eius, officium Camerarij dictae Ciuitatis nostrae Exon exercuerit, bene et fideliter custodiet et custodiri faciet ac prouentus, reuentiones et proficua huiusmodi sic recepta [...] ad vsum et proficuum eorundē Maioris, Balliuorū et cōmūitatis dictae Ciuitatis nostrae Exon et successorum suorum applicabit expendet et persoluet ac de omnibus et singulis receptis et habitis, bonum et fidelem compotum quolibet anno infra rationabile tempus illi per Maiorem et viginti quatuor de communi consilio dictae Ciuitatis nostrae Exon coram huiusmodi auditoribꝰ Ciuitatis praedictae ad hoc per Maiorem et xxiiij. de communi consilio aut maiorem partem eiusdem Ciuitatis nostrae Exon pro tempore existente assignandi, Auditores de audiēdo Camerarijcō poto per Maiorem et xxiiij, sunt assignandi. bene et fideliter reddet et faciet. Et quod praedictus Camerarius dictae ciuitatis Exon et quilibet successorum eius pro tempore existenti qui ab officio Camerarij Ciuitatis illius vt praedictū est amotus fuerit ob aliquam causam rationabilem per praedictos Maiorem et xxiiij. de communi consilio dictae Ciuitatis nostre Exon vel per maiorem partem eorundem: aut recesserit ab officio praedicto aut morte preuentus fuerit, quod tunc post rationabile [Page] tempus per praedictos Maiorem et xxiiij. de communi consilio aut maiorem partem eorundem prefigendum postquam sic amotus fuerit vel recesserit ipse executores vel assignati sui sufficientem et fidelem compotum de omnibus et singulis per ipsum preantea receptis et habitis ad vsum praedictorum Maioris, Balliuorum et communitatis coram auditoribus per praedictos Maiorē et xxiiij. vt prefertur assignandis reddet et faciet et reddi et fieri faciet. Et vlterius de vberiori nostra gratia cupientes prouidere pro tutela defēcionae et regimine Orphanorum etinfantium qui iam sunt et imposterū in Ciuitate praedicta erunt et fore contigerint quod bona et catalla eorundem de caetero, Bona orphanorū ad eorum optimum vsum conferenda. imperpetuum et de tempore in tempus fideliter et iuste custodiantur sine destructione seu spoliatione eorundē. Et quod bona et catalla eadem conferantur et disponantur ad optimum vsum et proficuum eorundem Orphanorum et Infantium: de gratia nostra speciali et ex mero motu nostro volumus et per presentes pro nobis, Camerarius debet custodiā habere omnium bonorum orphanorum. haeredibus et successoribus nostris concedimus praefatis Maiori, Balliuis et cōmūitati Ciuitatis nostrae Exon et eorū successoribus imperpetuum quod praedictus Camerarius dictae Ciuitatis nostrae Exon et successores sui imperpetuum [Page 30] cum consensu assensu, et aduisamento dictorum maioris & xxiiij. de communi consilio dictae Ciuitatis Exon aut eorum maioris partis qui pro tempore fuerint, recipere possint et eorum quilibet recipere possit ab omnibuset singulis cui vel quibus custodia bonorum seu catallorum omnium huiusmodi orphanorū et puerorū cōmissa fuerit de eorū Manucaptoribus recogniciones seu obligationes de et pro huiusmodi pecuniarū summis ipsis Orphanis et pueris debitis seu debendis certis terminis soluendis ac easdem pecuniarū summas in recognitionibus sic per recognitores praedictos recognitas de terris tenementis bonis et catallis ipsorum custodum et Manucaptorum suorum quorumcun (que) in cōitatis Ciuitatis praedicte existentibus leuentur ad vsum dictorum Orphanorum ac puerorum ad quorumcun (que) manus terrae et tenementa illa deuenerint, ac eadem eisdem Orphanis seu pueris libere tenenda vt liberum tenementum suum iuxta formam Statuti de eiusmodi recognitionibus apud Westmonasterium editi liberent seu liberari faciant. Camerarius gubernationem habere debet omnium otphanorum. Et quod idem Camerarius dictae Ciuitatis nostrae Exon pro tempore existenti et successores sui habeant de caetero imperpetuum custodiam et gubernationem omnium et singulorum [Page] Orphanorum quorumcun (que) ciuium infra dictum comitatum Ciuitatis nostrae Exon. Camerarius potestatem habet colligēdi omnia quaecun (que) sunt Orphanorū. Et quod idem Camerarius dictae Ciuitatis nostrae Exon et successores sui habeāt et habebūt authoritatē, facultatē et potestatem recipiendi, leuandi, colligendi, seisendi, custodiendi et custodiri faciendi in cōmuni thesauro Ciuitatis nostrae Exon praedictae oīa bona, catalla, debita et legata quaecun (que) infra cōitatū Ciuitatis nostrae Exon praedictae contingentia, emergētia, inuēta seu existentia quorumcunque Orphanorum aliquorum ciuium Ciuitatis praedictae imposterum obire contingentium et eadem bona, Camerarius et Maior cū cō sensu 24. omnia bona orphanorum ad eo rū cōodū debent exponere. catalla, debita seu legata dictorū orphanorū ad meliora opus vsum commodum et proficuum eorundem per Maiorem et xxiiij. de cōmuni consilio pro tempore existenti aut eorum maiorem partem et Camerarium dictae Ciuitatis nostrae Exon conuertantur et exponantur, prout in Ciuitate nostra London est et consuetum. Et quod eadem bona, catalla, debita et legata eisdē Orphanis soluent et deliberent ad huiusmodi aetatem ac eisdem modo et forma in oībus prout in Ciuitate nostra London ante hac in hac parte vsitatum et consuetum fuit. Et quod dictus Camerarius dictae Ciuitatis nostrae Exon et successores sui pro tēpore existenti [Page 31] habeant omnia huiusmodi actiones, sectas et remedia pro subtractione et raptu aliquorum Orphanorum infra comitatū dictae Ciuitatis nostrae Exon contingentibus, ac pro recuperatione aliquorum bonorum, catallorū, debitorum et legatorum eorūdem omnes tales et huiusmodi officiarios pro meliori gubernatione et preseruatione dictorum Orphanorum ac bonorum, Catallorum, debitorum et legatorum suorum quae et quales in praedicta Ciuitate nostra London habere ante hac vsitatum fuit aut debuit. Camerarius Exon omnia potest exequi que potest camerarius Ciuitatis London. Quodque omnia et singula alia quecun (que) huiusmodi orphanorū et puerorum bona, catalla, debita et legata eorundem tangentia Exequantur et fiant quēadmodum in dicta Ciuitate nostra London exequi fieri et peragi ante hac vsitatum fuit. Quae omnia inuiolabiter obseruari volumus per presentes. Et eo quod expressa mentio de vero valore annuo aut de aliquo alio valore seu certitudine premissorum siue eorum alicuius aut de alijs donis siue concessionibus per nos, vel per aliquem pro [...]enitorum siue praedecessorum nostrorum praefatis Maiori, Balliuis et communitati Ciuitatis nostrae Exō praedictae seu eorum alicui ante haec tempora facta in presentibus minime factum existit. Aut aliquo Statuto, actu ordinatione, [Page] prouisione, proclamatione seu restrictione inde in contrarium ante haec tempora facta, edita, ordinata seu prouisa, aut aliqua aliare, causa vel materia quacun (que) in aliquo non obstante. In cuius rei testimonium has literas nostras fieri facimus Patentis. Teste meipsa apud Westmonasteriū vicesimo primo die Februarij. Anno Regni nostri tertio.
¶Per breue de priuato sigillo et de data predicta authoritati Parliamenti.
¶An Act of Parlement for the confirmation of the Charter of the Citie of Excester for the order of the Orphanes within the same.
ELIZABETH A DEI gratia Angliae, Franciae et Hiberniae Regina fidei defensor. &c. Omnibus ad quos presentes literae peruenerint salutem. Inspeximus tenorem actus Parliamenti nostri nobis in cancellariam nostram virtute breuis nostri missi et in filacijs eiusdem cancellariae nostrae residentis in haec verba. In Parliamēto tento apud Westmonasterium xij. die Ianuarij anno Regni serenissime ac excellentissime Dominae nostrae Elizabethae dei gratia Angliae, Franciae et Hiberniae Reginae fidei defen soris quinto communi omnium Dominorum tam spiritualium quam temporalium et cōitatis assensu et dictae Regiae Maiestatis tum presentis consensu inter alia sancitum inactatum et ordinatum fuit presens hoc Statutum videlicet.
For the confirmacion of diuerse libertyes graunted by letters Patents to the Citie of EXCESTER.
WHere our moste gratious Soueraine Lady the Quéenes Maiestie by her letters Patents vnder her great seale of England bearing date at VVestminster the xxj. day of February in the third yéere of her highnes reign, for the [Page] looue and fauoure whiche she did beare to her loouing Subiects the Mayor, Balifs and Communaltie of her Citie of Excester wishing and much desiring the common weale of the Mayor, Baylifs and communaltie of her said Citie, dayly to be reformed, gouerned and augmented, and also willing the faith, obedience and seruice of the said Mayor, Baylifs and communaltie of her said Citie to her moste deer brother Edward, late King of England, performed and doon in a certain Rebellion and siege against her Chamber of the said Citie mooued by certain then Rebels against their faith and obedience, in the parties of Deuon and Cornwall, not to be vnmindefully forgotten, but rather that their faith, obediēce and trueth should be kept in a perpetuall memory aswel for the afore said, as for other considerations her moouing of her speciall grace, mere motion and knowledge, emong other things hath graunted for her, her heires and successors, to the said Mayor, Baylifs and communaltie of her highnes Citie of Excester afore said, and to their successors.
Euery Shirif may haue his vnder Shirif.That euery Shirif or Shirifs of the Countie of her said Cittie of Excester from thencefoorth for the time béeing for euer, shall make, constitute and haue from yéere to yéer one vnder shirif, of and for the execution and occupation of th'office of vnder Shirif within the Countie of Excester aforesaid, in such maner and forme as her Cities of London and Bristol or either of them hath or hath had.
And that the said vnder Shirif, Clarks and Officers of the Shirif of the Countie of the said Citie of Excester for the time béeing, may continue and exercise their offices aforesaid from yéere to yéere as other vnder Shirifs, Clarks and officers of her Shirifs in her Cities of London and Bristol or in either of thē, might and may without any forfaiture, pain or penaltie, any Statute, ordinance or prouision to the contrary notwithstāding.
And where also her moste excellent Maiestie by the same her letters Pattents emong other things of her méere abundaunt grace desiring to prouide for the education, bringing vp, defence and gouernance of Orphanes and Infants which then were, or héerafter shall happen to be in her said Citie of Excester, that their goods and cattels from hencefoorth for euer and from time to time for euer should be faithfully and iustly kept without [Page 33] spoile or destruction of the same, and that the said goods and cattels should be imployed and disposed to the best vse and profit of the same Orphanes and Infants. Of her speciall grace & méere mocion willed and by her said letters Patents for her, her heires and successors graunted to the said Mayor, The Chamberlain / Mayor & xxiiij. may receiue Recognisances for the true answering of Orphans goods. Baylifs and communaltie of her highnes said Citie of Excester & to their successors for euer. That the Chamberlain of the said Citie of Excester and his successors for euer, with the concent, assent and aduisement of the said Mayor and xxiiij. of the common councel of the said Citie of Excester, or the more parte of them which for the time shalbe, may receiue of all and singuler persons to whom the kéeping of the goodꝭ or Cattels of all such Orphans and children shalbe committed and of their mainpernors, Recognisance or Obligations of and for such summes of money to the same Orphanes and Children, due or to be due at certain termes to be paid.
And that the same summes of money in the Recognisaunces so by the Recognitors afore said recognised, contained of the Lands, tenements, and cattels of the same Gardians and their mainpernors whatsoeuer within the Countie of her said Citie, The lands and tenements of euery Recognitor making default of paimēt to be deliuered to the Orphās. béeing so leuyed to the vse of the said Orphanes and Children to whose hands so euer those lands & tenements should come, and the same shall deliuer or cause to be deliuered to the same Orphanes or Children to be fréely as their frée holde according to the forme of the statute made at Westminster concerning such Recognisances.
And that the said Chamberlain of her said Citie of Excester for the time béeing and his successors shall haue from hencefoorth for euer, the kéeping and gouernaunce of all and euery the Orphans of what so euer Citizens within the said Countie of her Citie of Excester.
And the same Chamberlain of the said Citie of Excester and his successors, shal haue authoritie, facultie, and power to receiue, The Chamberlain hath power to cease & keep all Orphans goods to the vse of Orphans. leuy, gather, sease, kéepe, and cause to be kept in the common Treasury of her Citie of Excester afore said, all the goods, cattels and legacyes whatsoeuer within the Countie of the Citie of Excester aforesaid, happening, arising, found or béeing of what soeuer Orphanes of any Citizens of the said Citie from thence [Page] foorth happening to dye. And the same goods and Cattels, dets or legacyes of the said Orphanes to the best vse, comoditie, and profit of them by the Mayor and xxiiij. of the common councell for the time béeing or the more parte of them, and by the Chamberlain of the said Citie of Excester to be turned and imployed as in her Citie of London it is vsed and accustomed.
And the same goods and cattels, dets and legacyes they shall pay and deliuer to the same Orphanes at suche age and in the same maner and forme in all things as in her Citie of London héertofore in that behalfe hath béen vsed and accustomed. Orphans to be fully answered of their goods at their ful age.
And that the said Chamberlain of the said Citie of Excester and his successors for the time béeing shall haue all and such actions, The Chamberlain to haue his action for the e [...]oyning or rauishing of any Orphan. sutes and remedyes for the withdrawing and rauishing of any Orphane within the Countie of the said Citie of Excester happening, and for the recouery of any their goods, cattels, dets, and legacyes and all and such officers for the better gouernance and preseruation of the said Orphans and of their goods, cattels, dets & legacies, as in y e Citie of Londō heertofore hath béen vsed, or ought to be vsed. All things concerning Orphans to be doon in Excester as it is vsed in London. And that all and euery other thing whatsoeuer touching the said Orphans or their goods and cattels, dets and legacies shalbe executed and doon as in the said Citie of London before time hath béen vsed to be executed doon & performed.
Be it enacted, ordained and established by the Quéenes MaMaiestie our souerain Lady, by the assent of the Lords spiritual and temporall, and the commons in this present Parlement assembled, and by the authoritie of the same, that all and euery the graunts, Confirmation of the Cities Charters and libertyes. libertyes and articles contained in the said letters Patents to the said Mayor, Baylifs and Communaltie of the said Citie of Excester by our said souerain Lady, graunted and made, mencioned and recited in this present Act, to be to the same Mayor, Baylifs and communaltie, and to their successors by authoritie of this present Parlement ratified and confirmed in all points.
And that the said Mayor, Bailifs and communaltie, and their successors for euer shall and may quietly haue, vse, doo, excercise and inioy all and euery the graunts, libertyes, priuileges, powers, authorities, Iurisdictions, actions, vsages and other thingꝭ what soeuer to them by the said letters Patents graunted as [Page 34] amply and in as large manner, forme, sorte and degrée as the true meaning of the Quéenes highnes was by the said letters Patents, any Act or Acts before this time had or made, or any other thing or matter what soeuer to the contrary in any wise notwithstanding.
Prouided alwaies that this Act or any thing therin contained shall not in any wise extend, This graunt not to extend to any the Queenes Maiesties wardes the Bishop / Deane and Chapter. be preiuditiall or hurtfull to the right of any lawful warde or wardes of the Quéenes highnes her heires or successors, or to the lawful warde or wardes of any other person or persons, nor to the Bishop of Excester or to his successors, nor to the Deane and Chapter of Excester, nor their successors, for or concerning any their liberties, priuileges, léetes or franchesies whatsoeuer, béeing within the limits and bounds within the Countie and Citie of Excester aforesaid, but that they and euery of them shall and may haue, holde, vse, exercise and inioy the same libertyes, priuileges, courts, léets and franchesies and euery of them in such like forme and condition to all intents as they or any of them héertofore lawfully had, occupyed or enioyed, or might lawfully haue had, occupyed or inioyed before the making of this present Act, in such maner and forme as if this Act had neuer béen ne made, any thing in this Act to the contrary notwithstanding.
Prouided alwaies and be it enacted by the authortie afore said that all Recognisances which héerafter shall be taken and knowledged by any person or persons within the Countie of the said Citie of Excester touching or concerning any the said Orphan or Orphans goods or cattels, All Recognisances to be taken before the Mayor and xxiiij. of the Citie. shalbe taken and acknowledged before the Mayor and xxiiij. of the common councell of the said Citie or the more parte of them, and that euery such Recognisance so taken and knowledged to any person or persons shall extend and be of force, validitie and effect, in law to all intents and purposes as Recognisances touching or concerning Orphan or Orphans goods and Cattels, taken or knowledged within the Citie of London hath béen héer tofore vsed or accustomed, and of no greater force, strength and effect any thing héerin contained to the contrary not withstanding.
[Page] Nos autem tenores dicti actus Parliamēti nostri ac omnia et singula in eodem contenta ad requisitionem Maioris, Balliuorum et Gomitatis Ciuitatis Exon duximus exemplificandum per presentes. In cuius rei testimonium has literas nostras fierifecimus Patentes teste meipsa apud Westmonasterium tertio die Maij, anno regni nostri, quinto.
The Statutes, decrees and ordinaunces, made decreed and established by the Mayor and the xxiiij. of the common councel of the Citie of Excester, for and concerning the ordering of Orphans and of all such goods and Cattels as to them appertaineth, within the Citie of Excester and libertyes of the same.
FIrst it is ordayned that what soeuer benefit dooth growe to the Childe of any frée man of the Citie of Excester, whether it be by lands, All the goods and lands appertaining vnto any are wholy in the gouernance of the Mayor & xxiiij. or goods, or legacyes, or whether it be from father or mother, or straungers, or whether the Parents liuing or dead, the same shalbe wholly in the order and gouernaunce of the Mayor and xxiiij. of the common councel.
¶Also within one Moneth after the death of any frée man the Executor or Administrator shalbe warned by an Officer therfore appointed (called the common Cryer) to appéere before the Mayor and xxiiij. at the next Court day to be holden, The Executor or Administrator to be warned to bring in the Testament by a day. and then and there shalbe boūden by Recognisance to bring into the Court at a certain day by them, then to be appointed, the last wil or Testament and Inuentory of the Testator and that before the Executrix (if she be a Widow) doo mary.
¶Also if the Executor so warned by the common Cryer to appéere at a certain day appointed before the Mayor and xxiiij. doo it not, or refuse to doo it, The Executor refusing to appeer to be committed to prisō that then he or they so refusing and not appéering, to be committed to Prison and there to remaine vntil he doo enter in bond or Recognisance with sufficient suretyes to bring in the Wil or Testament and Inuentory in maner as is before declared.
¶Also it is ordred that when any Inuentory is to be made Praisers to be appointed and sworne by the Aldermen of the warde. the Praysers of the goods of euery such Testator shalbe appointed [Page] by the Alderman or his Deputie of that warde in whiche the Testator dyed and dwelled, and which Praysers shall dwell also in thesame warde and before they doo make any praisemēt, they shalbe sworne to value and praise the goods indifferently.
The Executor is to be sworne that the Inuentory is true.¶Also the Inuentory béeing brought in by the Executor or Administrator at the day and time prescribed the said Executor or Administrator shalbe sworne that the Inuentory is iust and true which othe is to be ministred by the common Sergeant.
¶The maner of the othe to be exhibited to the said Executor or Administrator is this. The othe of the Executor. You shall sweare that you haue truely presented and shewed foorth to the Praysers by the Alderman or his Deputy of the warde appointed, all such goods, cattels, money, plate, Iewels, houshold stuf, wares, merchandise, Leases and what so euer other goods as were your last Testators, you haue left out no money, you haue charged him with no dets to be [...] or desperate, which you doo think in your conscience to be good dets, but you haue doon all things vprightly and truely, as an Executor ought to doo. So God help you and by the contents of this booke. And if he, she or they doo refuse to be thus sworne, that they by the Mayor be committed to warde.
¶Also when the Inuentory is receiued togither with the wil or Testament, The common Sergeant is to deduct all the dets and funerals out of the whole goods. which is also to be brought in and exhibited. The common Sergeāt shall deduct out of the whole Inuentory, the dets, and so much funerals as according to the substance is allowed, and that doon: shall deuide the whole residue into thrée partes, wherof th'one third to be to the wife, one other third to the Children, and the last third reserued for the performance of the wil of the Testator.
The Testator hauing no wife the goodꝭ must be deuided in to two partes.¶Also if the Testator had no wife at the time of his death, then the goods shalbe deuided but into two partes, wherof th'one moitie shalbe reserued to the Children, and th'other moitie to be reserued to the Testator. The like is if the testator be a widow.
¶Also when the common Sergeant hath thus deuided the [Page 36] third parte or the one moitie for the Children, The common Seargeant is to examin the wil for the legacyes / if any be giuen to any Orphan. then he hath also to examine and peruse the Wil and Testament for Legacyes, and if he finde any to be giuen to the Children or to any of them ouer and abooue the third parte due vnto them, then shal he giue that in charge, and shall demaund and require suretyes aswell for the legacy as for the Orphanage.
¶Also in taking of Suretyes there may be no fewer then foure to be taken in euery Recognisance for euery Orphanage or Legacy if the summe therof doo amount and be one hundred pounds. Foure suretyes to be taken in euery Recognisance of an hundred poūd.
And there shall not be abooue one hundreth pounds in any [...]ne Recognisance, Euery suretie must be worth the principall. and euery Suretie taken shalbe by the consideration of the Court worth the principall.
¶Also euery Recognisance to be taken and acknowledged must be taken to the Chamberlain for the time béeing, Euery Recognisance must be taken to the Chamberlain but before the Mayor & xxiiij. but before the Mayor and Common councell, who must be aduised of the state and abilitie of euery Suretie.
¶Also if the funeralls doo passe and surmoūt the portion appointed for a man of that substance, Funerals more then ordinary [...] they be to be [...]. then the ouerplus whiche was not deducted of the whole Inuentory: shalbe deducted out of the Testators parte as the Legacyes be. And if such ouerplus of the funeralls doo surmount the Testators third parte, then euery one which is to receiue and haue any Legacy, shall beare his parte and portion after the rate.
¶Prouided neuerthelesse that the funeralls doo not excéed nor surmount the ordinary appointed.
¶Also euery yéere on the Munday next after Midlent Sunday there shalbe kept before the Mayor and Common councell of the Citie, the generall court of Orphans, A generall Court of Orphans to be kept yeerly on the monday in mid Lent. at which all sureties vpon any Recognisance shalbe called and if they make any defaulte so that no one suretie doo appéere, for euery one Recognisance, that thē the surties to pay ij d. for euery pound of so much as they stand bounden for. And then the Mayor and common [Page] councel, or the more parte of them may at their pleasure vpon reasonable causes of default of abilitie to cause them to put in further Suretyes.
¶Also if any Orphane doo mary before full age without lycense of the Court, Euery Orphan maryed with out licence is to be deducted of some part of the portion for a fine. then there shalbe deducted out of euery pound due by Recognisance, or of so muche money as shall remain in the custody of the Citie xij. d. and the same to be forfaited to the vse of the Chamber, and if any womā childe beeing an Orphan and vnder the age of xxj. yéeres, after the death of her father, doo either contract and insure her self in mariage, or doo perfectly consumate and solemnise the same with any frée man without consent of the Mayor and Court, that then for euery suche default so committed béeing sufficiently prooued by two witnesses or confessed by the parties, or otherwise wel knowē to the Mayor and Court, shall forfait, forgo and lose of euery pound due to her for her Orphanage the sum of xij. d. to the vse of the Chamber of the said Citie. And if any such contract or Mariage be had and made with any forrain, and not béeing frée of said Citie at the time of the said contract or mariage, that then the Orphan to forfait and forgo of euery pound of her portion iij.s. of which one xij. d. of euery pound to be to the vse of the Chamber, and the other ij.s. of euery pound to be to the vse of such other Orphan or Orphans as shall then remain vnmaryed, béeing the brothers sisters or compartenes with the [...]aid so maryed or contracted Orphan, and for such default to the next of the kindred.
Children maried and hauing been aduaūced are not to haue any childes parte.¶Also all suche Children as are maryed in the lifetime of the Father and haue accepted any aduaūcement, shall not be partakers of any portion after the death of his father, except he, she or they, haue the fathers hand or mark in writing to the contrary. And in that case, he, she or they, shall haue so much to that which they had already receiued as to make vp therewith a whole parte, which they are to recouer of the Executors, by bill or plaint before the Mayor and common councel wherin no wager of Law, protection. &c. Prouided that what soeuer the Testator giueth to his wife in Iointer or to his Childe vnmaryed is not to be accounted for any aduauncement, vnlesse the father [Page 37] doo by expresse woords giue it to his Childe as for his ful Childes parte and portion.
¶Also euery Orphan demaunding and requiring his parte and portion, Euery Orphan is to proue his age before he do receiue his portion. is first to proue his ful age of xxj. yéeres vnlesse he or she be maryed, and the age iustly before the Mayor and common councell or the more parte of them béeing duely prooued, then he or she to receiue his or her portion.
¶Also euery Orphan receiuing his or her parte and portion shall at the receit therof knowledge and confesse before the May or and Chamberlain a ful paiment and satisfaction, Euery Orphan receiuing his portion / is to confesse satisfaction. and then the Recognisances taken in his or her behalf for the said money, is to be cancelled by crossing the same ouer with a pen.
¶And if the Orphan be a woman and maryed before shée be of the age of xxj, An Orphan maried she and her husband at the receiuing of her portion must confesse satisfaction. yéeres then at the receit of her parte and porcion, her husband and she togither, shall in the Court confesse and acknowledge satisfaction, and then the Recognisance to be canceled as is before declared.
¶Also if the Mayor and Councel shall suspect the Executor or any other person or persons to conuey any suche goods out of the libertye of the Citie, then the Mayor may cause and wil the common Cryer which is a Sergeant at armes in that case to sequester the same in safe kéeping.
¶Also the Mayor and Common councel shall bring all the goods vnto redy money, as also the Plate and Iewels, All the goods must be reduced into redy money and according to that same suretyes are to be taken. and bring the same to one certain sum, and then the disposition of the Orphans partes, is as shall please the Mayor and common councel, and to appoint the same to whome they think good. Neuerthelesse if the Executors or administrators wil or doo make request and put in good and sufficient Surties for the true answering thereof at the age or mariage of the Orphane, they are to be heard and haue the preferment. And then the same Executors or Administrators shall haue the vse of the same parte and portion vntil the ful age or maryages. And yet this notwithstanding, the Mayor and common councell may retain all, halfe or [Page] so much in their hands as they list and may deliuer to the Executors or administrators what parte & portion them pleaseth.
All legacyes giuen to Orphās [...]hall remain [...]n the custody of the Execu [...]ors or Admi [...]istrators if [...]hey doo put in [...]uretyes.¶Also for and concerning any thing giuen and bequethed in Legacye to any Orphan that shall fully and wholly remain and be in the distribucion of the Executor and administrator, so that he doo put in sureties for the answering and paying of the same vnto the Orphan. And if the thing bequethed be a Cattell in remaind, they must and are to put in sureties not to alter the same.
The Mayor may appoint the custody of euery Orphan to whome he pleaseth.¶Also the custody of euery Orphane shall be committed to such person or persons as the Mayor and common councel shall appoint to be the Guardians.
¶Also it is ordred that the Orphans of all and euery Testator whiche dyed heere tofore not vnderstanding the contents of this Act of Parlement, shall not demaund by vertue of this Act any more for their partes or portions but onely the third parts any Legacy notwithstanding.
Any Orphan hauing inordinatly vsed him self▪ to be excluded of a childs parte.¶Also if any man childe or woman childe, shall maliciously go about or attempt to doo or cause to be doon, any bodily harme, death or destruction to his or her Father or mother. Or if any Man childe within the age of xxj. yeeres, doo mary or contract mariage in the life time of his Father without his consent or against his wil by whome he wil claime any portion. Or if any man childe be a Theef or a fellon, or a common whorehunter, or a common Barrator, Dicer, or a common player at vnlawfull games notoriously knowen. Or if any woman childe doo héerafter mary or contract maryage in the life time of her father or other parent, by whom she wil claime any portion, before the age of xviij. yéeres, w tout the concent of her said father or such other Parent, by whome she wil or shall claime any portion. Or shall héerafter commit any whordome, or be a théef, or a common picker. That euery such person so offending, shalbe barred and excluded to haue any parte or portion.
[Page 38]¶Prouided neuerthelesse that if the father or mother of any such Childe or Children doo giue and bequeth in Legacy to any such childe or Children, A legacy giuen by expresse words vnto any inordinate childe is sufficient and goodly order. so much as the portion of such a Childe so offending should or may amount vnto by the costome of the Cittie: that then the said Childe or Children shalbe enhabeled to demaund and haue the same portion or Legacy, so that the same gift or Legacy be contained in his or their Testament in writing and not otherwise. And the said Childe or children shal be admitted and restored to claime and demaund such legacies any thing in this Act to the contrary notwithstanding.
¶Also if any Orphan doo dye within age, The portion of euery Orphan dying / is groing to his administrator. then his or her parte shall accrew and growe to the Administrator of the said Orphan.
¶Also that the wiues parte nor the Childes parte béeing once deuided shall nomore after be deuided. A parte once deuided shal nomore be deuided.
¶Also all Legacyes and bequests are to be paid and answered at the times by the Testament appointed sauing vnto Orphans who are to receiue the same at their ful age or mariage. Orphans to receiue their portions only at ful age.
¶Also no womans goods is to be deuided according to the custome, but yet if any thing growe to any Orphan by or from any woman, the same is to be ordred as any other goods whiche groweth vnto any Orphan.
¶Also if the Widow of the Testator who is made Executrix or is the Administrator, The Executrix marying before she hath yeelded a true Inuentory / to lose viij.s the poūd doo mary before she haue exhibited a true and a iust Inuentory, she shall lose viij.s. of euery pound of her owne third parte to the vse of the Orphans.
¶Also the Chamberlain, the common Sergeant, The Chamberlain / the cōmon Sergeant & the cōmon Cryer haue authority as is vsed in in London. the common Cryer, and euery of them for the time, shall and may doo all such Act and acts, thing or things, in and about the premisses and haue like authoritie, and take such ordinary fees and aduantages appertaining to their seuerall offices, as is vsed in the Citie of London.
[Page] All things to be doon in Excester as is in London concerning Orphans.¶Aso the maner of Orphans and of their goods and all other sutes, things and dooings therunto appertaining, are to be vsed in the Citie of Excester in all things as in the Citie of London.
The wife beeing neuer so vnnaturall cannot be depriued of her third¶And further more if a man dye, his children béeing within age and hath an vnnaturall wife and leaueth to his Children all his goods beeing worth ij. hundred poūd, but giueth to his wife onely x. pound and his housholde stuffe, she shall notwithstanding haue the third parte of her husbands goods without denyal: neuerthelesse if she be lunatick or become any Ideot, the Mayor and common councel are to commit her and her portion to be ordred by such as they shall think good, and this they may doo by custome.
Children beeīg Executors may sew or be sewed.¶Also if a man make his Children (béeing within age) to be his Executors they (by the custome) may sew and be sewed as Executors but not otherwise: but for the better preferment of the Orphans, the Mayor and common councel if they thinck it so conuenient may pray and request the Ordinary for the administration: who thervpon is to commit it and commonly dooth commit the administration to the Chamberlain or to some other whome the Mayor and Court of the xxiiij. shall think good: which said Administrator may then sew to the best behoofe and vse of Orphans. And if it be not the Chamberlain to whome the said Administration is graunted, then the said Administrator shalbe bound by Recognisance to be taken and acknowledged before the Mayor and common councel that he shall truely sew to and for the vse of the Orphans, that he shall in the end of his sutes render a perfect account to the Mayor and common Counsell of his said sutes. And that he shall not doo nor procure any thing or things, Act or Acts tobe doon to their hinderance, preiudice or damage. Prouided that the said Administrator must be alwaies a frée man.
Vvhat so euer of any Orphās goods doth rema [...]n in the Cities hands no profit is to be allowed therof¶Also wheras by the order, the Mayor and xxiiij. of the common councel may retain all or what they list in their custody of any Orphans goods, or to dispose it to the Executors as them pleaseth then this is the order. Of euery hundreth pound or of [Page 39] so much as in the hands of the Mayor & cōmon councel, there shal be nothing allowed vnto the Orphans towards their finding of that portion, because it is intended y t their mony lieth vpon some good consideration in their hands, and for their better suretie, without any cōmoditie or profit to the Chamber. But for euery hundred pounds which lyeth in the Executors or any other persons hands there shalbe allowed as followeth. For the first hundred pound, to pay for euery pound xij. d. For the second hundred pound, to pay for euery pound viij. d. For euery third hundreth pounds, to pay iiij. d. for euery pound. And if the Orphanage doo amount vnto more, then shall Recognisances be taken reseruing such seuerall allowances as according to the rate. Prouided that if he be a frée man or Citizen which hath the vse of any Orphans portion, he shall pay no more towards the finding of the Orphan then dooth the Executor or Administrator.
¶Also who soeuer hath the vse of any Orphans portion, VVhat profit so euer groweth of a childes parte / goeth to the vse of the same Childe. and what soeuer gain, profit or commoditie groweth by the vse therof, no profit shall growe vnto the Chamber of the Citie, but all to the vse of the Orphan.
¶Also if any fréeman dye hauing Orphans at Nurse out of the libertyes of the Citie, If any forainer which hath any Orphans goods / wil not come before the Mayor and deliuer the same or be bound according to the order / a bil is to be exhibited against him into the Court of the Chancery. and his goods be lying in sundry or seuerall partes of the Realme, and the administration is graunted by the Ordinary vnto a straunger or forrenner which is not frée of the libertyes of the Citie, and doo also take the goods whiche they finde within the libertyes of the Citie into their hands and dispose it at their wil and pleasure, the Mayor and common councel in this case cannot of them selues make any processe to compel them to come in, but a bil of petition is to be made to the Lord Chaūceler or to y e Lord kéeper: vpon which bil so preferred a Sub pena is graunted against the partie, to compel him to appéer in the Chauncery. And then he which is so complained vpon, is there bound to appéer before the Mayor and common coū cel, and to abide their order according to the ordinaūces and customes of Orphans
¶Also the like order is when any person béeing not frée and [Page] not within the Citie doo withholde any Orphans goods there is no other processe to be had against him but by a Bill before the Lord Chaunceler or Lord Keeper as is before said.
The Bil to be made to the L. Keeper must be in the name of the Mayor.¶Also all and euery Bil to be preferred to the Lord Chaunceler or Kéeper, must be made in the name of the Mayor and common councel as Gardyans to the Orphans within the said Citie.
Euery forrener hauing any goods in his custody / growing to any Orphan / if he come within the libertyes of the Citie may be committed to warde vntil he doo pay or take order for the same.¶Also if any person not béeing frée of the Citie, nor inhabiting within the same, haue any goods in his hands of any frée man dying Testate or intestate which hath any Orphans: and detaineth and kéepeth the same out of the liberties, and dooth dispose the same at his wil and pleasure, whether he be the Executor, Administrator or what soeuer els. If he chaunce to come within the libertie, the Mayor and common councel by their priuilege, authoritie and commaundement, may commit and send him to warde or prison, there to remain prisoner vntil such time as he shall deliuer all y e same goods as be or were in his hands at the time of y e death of y e owner decessed, or at y e discretion of the Mayor & xxiiij. shall put in sufficient sureties to doo the same by or at a certain day therfore then to be appointed. And the Executor or Administrator shall before his deliuery, deliuer and put in a true and iust Inuentory, or shall put in suretyes so to doo by a day. And then the Inuentory béeing put in and exhibited, he shall sweare that the Inuentory is iust and true, and also put in sufficient suretyes or be bounden by a day so to doo, for the true answering of the Orphans partes and portions. But if any such person, Executor or Administrator, doo not come w tin the Citie or libertyes of the same, then a Bill is to be preferred to the Lord Chaunceler declaring the substance of the matter (as is aforesaid) Vpon whieh bil so exhibited, the Lord Chaunceler or Lord Keeper taketh order that the partie complained of, shall by a day appeer before the Mayor and common councel, and to satisfie and doo all, and all maner of things to the behoof & vse of the Orphans according to the good orders, vsages and customes of the Citie.
[Page 40]¶Also if the Executor or Administrator of a frée man be a forener and not dwelling within the Citie refuseth to bring in any Inuentory and commeth not within the Libertyes of this Citie, and that no Bil at all is exhibited against him. The administrator of a free man beeing a foryner / may be sewed by the Orphan for his parte at the cō mon law. The Orphan at his ful age may bring his action De rationabili parte bonorum at the common law against the Executor or administrator, & declare vpon the custome of the Citie. And therupon a Cerciorari is directed to the Mayor and common councel to certifie the custome in that behalf, which certificat is to be made vnder their common Seale. And the same is alwaies allowed and is the best remedy in such cases.
¶Also what soeuer is before said of or concerning any man withholding any goods, Vvhat so euer is spoken of a man being an Executor or administrator is also ment of the woman. or béeing an Executor or Administrator, the same is also ment and to be obserued of the wife, which is the Executrix, or doo administer her husbands goods, or doo other wise kéep and withholde any goods growing to any Orphan.
¶Also when any Recognisances be taken, they which haue the vse of the money, that is to say, the Recognitors, A Recognisāce knowledged / the Recognitors are to pay the fees / but at the discharge he who receiueth is to pay. are to pay the Officers féees out of their owne money and Purses, but when a Recognisance is discharged, and satisfaction knowledged, the Orphans are to pay & must satisfie to the officers the fees appointed, according to the summes & rates therfore appointed. And if the said fées be denied, y e officers may bring their action of det as the Atturneys at the Common law doo and may doo for their fees, declaring that time out of minde such fées haue been vsed to be payed, and now the same denyed to their damage.
Also if the Recognitor or Executor doo not bring in a perfect Inuentory, at or by the day to [...]hem appointed, If the Inuentory be not brought in by a day / a scire facies is to be awarded in the name of the Chamberlain. then a Scire facies is to be awarded against him or them in the Chamberlains name, or els if you list he may be arrested vpon the Recognisance.
¶And it is also further prouided, that if the Sonne of a frée man béeing of lawful age, doo mary with [...] consent of his Father, or if a foreyner doo mary with a frée [...], [Page] by and with the consent of her Father and at the time of the Espousals or maryage or at any time after doo confesse before witnesses, A free m [...]ns Childe marying with the consent of his parent and confessing at any time a satisfactiō of his portion is for euer excluded to demaūd the same. or by their hand writing, that they are ful satisfyed and payed of their parte and portion, or if they doo at any time acquit, releace and discharge the said Father, hauing also other Children beeing yung and within age, he and euery such childe so confessing, acquitting or discharging, shall for euer after be vnable to demaund or haue any further parte or portion, but shall be déemed and reputed to be fully payed and satisfyed.
❧The forme and maner of the Recognisances.
MEmorandum quod viij. die mensis Iulij anno Regni dominae Reginae Elizabethae dei gratia Angliae, Frā ciae et Hiberniae Reginae, fidei defensoris. &c. octauo. Galfridus Thomas et Anthonius Thomas Draperij et Ciues Ciuitatis Exon venerunt in curiam dictae Dominae Reginae in camera Guyhaldae Ciuitatis Exon, coram Iohanne Wolcot Maiore et xxiiij. de Communi consilio eiusdem Ciuitatis et recognouerunt se et eorum quemlibet per se pro toto et insolidum debere Iohanni Vowel alias Hoker generoso Ciuitatis praedictae Camerario centum libras bonae et legalis monetae Angliae, Soluendas eidem Camerario aut successoribus suis Camera rijs ante dictae Ciuitatis, per viam Recognitionis. Et nisi fecerint et eorum quilibet per se fecerit, concedunt et eorum quilibet, per se concedit quod summa praedicta de terris, tenementis, bonis et cattallis suis et cuiuslibet eorum leuetur performam seu viam Recog.
❧The Condition.
THE condition of this Recognisance is such, that if they abooue bounden Geffrey Thomas and Anthony Thomas or any one of them or any other person or persons for them or for any of them, doo pay, deliuer or cause to be paid and deliuered into the Court aforesaid, vnto y e abooue named Chamberlain or his successors for the time béeing, the ful sum of xxxvij. l.ij.s.ij. d. lawful money of England, to the vse of Edmund, Iasper, Elizabeth & Alis Bridgeman, the children & Orphanes of Edward Bridgeman late Citizen and Draper of the Citie of Excester decessed, that is to wit to euery of them ix. l.ij.s.vj. d. at such time and times as they or any of them shall come and be of lawfull age according to the custome of the Citie of Excester, or if the foresaid Elizabeth and Alis doo happen to marry before such age: for a portion dew vnto them out of the goods and Cattels of the foresaid Edwarde Bridgeman. And if any of the said Orphans doo dye in the meane time, that then if they pay and deliuer to the said Chamberlain the parte & portion of euery of them so decessing to be disposed according to the custome of the said Citie. And doo also pay and deliuer vnto the said Chamberlain and to his successors for the time béeing, into the foresaid Court all and euery such sum & summes of money as by any maner of m [...]nes shalbe receiued, recouered, due and appointed to the vse of the said Orphans. And also if the said Recognitors or any of them, their Executors or Assignes doo finde or cause to be found to the said Orphans and euery of them, meat, drinck, cloth, and all other necessaries during the time of their Orphanages, and euery of them at the proper costs and charges of the said Recognitors. And doo not binde them nor any of them an Apprentice nor mary them, nor eloygn them without the said Citie, without the license of the Mayor and common councel for the time béeing giuen in the Court. And also if any of the said Recognitors happē to dye or to fall in decay or to eloygn his goods out of the said Citie, or to dwel out of the same, or of the libertyes therof, that then if the other thē liuing doo bring in one other able and sufficient person to be bound in the like sum, within one moneth [Page 42] after such thing or matter so happened. And also if the said Orphans & euery of them be héerafter iustly and truly satisfied and contented of all their parte & partes, and portions of all such dets of the aforesaid Edward Bridgemās as shalbe recouered and be due vnto them, and also if the said Recognitors or any one of them doo yéerely appéer at the Orphans Court, to be holden yéerly at the Guildhall of this Citie, the Munday next after midlent Sunday. That then this Recognisance to be voide, or els to stand and to remain in his ful strength.
The order of a Recognisance to be taken when the Executor or Aministrator hath a day appointed to bring in the Inuentory.
MEmorandum quod ad curiam Orphanorum tentam corā Nicholao Martin Maiore et xxiiij. de cōmuni consilio, xvij. die Aprilis Anno Regni dominae Reginae Elizabethae xvij. Gilbertus Staplehil de ciuitate Exon Mercator, executor testamenti seu vltimae voluntatis Walteri Staplehil de dicta Ciuitate ciuis nuper defuncti venit in propria sua personae et Recognouit se debere Iohanni Vowel alias Hoker gen. Camerario dictae Ciuitatis ducentas libras.
❧The Condition.
THe condition is, that if the abooue bounden Gilbert Staplehil, doo, at, or on this side the last day of May next insuing the date héerof, personally appéer before the foresaid Mayor and common councell, and then and there bring in and deliuer a true & perfet Inuentory [Page] of all the goods, Cattels, rights, credits, and what so euer els which were the foresaid Walter Staplehils at the time of his death, aswel within the Citie or liberties of the same as without. And doo not in the meane time eloin nor conuay any parte or parcel of the said goods out of the liberties of the Citie, that then. &c.
The order of a Recognisance to be taken for the bringing in of Sureties.
MEmorandum quod ad curiam tentam xij. Septembris anno Regni dominae Reginae Elizabethae xiiij. coram Thomae Bruerton Maiore et xxiiij. de communi consilio dictae Ciuitatis. Henricus Iames ciuis de Ciuitate Exon comparuit et Iuratus exhibuit hic in curia inuentorium omniū et singulorum bonorum, cattallorū, creditorū, quae fuerunt Arnoldi Reynoldes de eadem Ciuitate ciuis ac cordenarij defuncti et adtunc et ibidem Recognouit se debere Ioh. Vowell alias Hoker gen. dictae Ciuitatis Camerario trecentas libras legalis monetae. &c.
❧The Condition.
THe Condition is, that if the abooue boūden Henry Iames doo personally appéer before the foresaid Mayor and common councel, at the Court to be holdē before them at the Guildhall of the said Citie, at and vppon the vj. day of October next insuing the date héerof, and doe bring in foure good and sufficient Sureties, and suche as the Court shall allow of, for the true answering of such goods and Cattels of the foresaid late Arnolde [Page 43] Renolds, whiche are comming, growing, or to be due to Richard and William the sonnes and Orphans of the said Arnolde decessed, and doo not in the meane time cōuey nor eloyn the goods of the said Arnolde, nor any parte therof out of the lyberties of the Citie, that then. &c.
The order and forme of a writ of Scire facias against any Recognitor for the breach of his Recognisance. PER MAIOREM.
RIchardo Bartlet seruienti ad arma salutē. Cum Willielmus Grigge de Ciuitate Exon praedicta, Baker et ciuis, venit in curiā dominae nunc Reginae in camera Guihaldae ciuitatis Exon xxi. die Ianu. anno Regni dominae Elizabethae xvi. corā Willielmo Triuet tunc Maiore et xxiiij. de cō muni consilio dictae Ciuitatis et recognouit se debere Iohanni Vowel alias Hoker generoso ac eiusdē Ciuitatis tunc Camerario xl. l. soluendas eidem camerario aut successoribus suis Camerarijs ante dictae Ciuitatis pro tempore existenti per viam recognitionis. Et nisi fecerit concessit quod summa praedicta de terris, tenemētis, bonis et cattallis suis leuetur per formam et viam recognitionis prout per eandem illius Recognitionē patet et plenius liquet: praedictus tamen Willielmus dictas [Page] xl. l. seu aliquam inde percellam praefato nunc camerario non soluit, licet sepius fuerit requisitus, sicut ex ipsius camerarij informatione accepimus. Ideo tibi praecipimus quod per probos et legales homines dictae ciuitatis Scire facias praefato Willielmo ꝙ sit hic in curia dominae, Reginae nunc in camera Guihaldae Ciuitatis praedictae coram nobis prefatis Maiore et xxiiij. de cōmuni consilio xij. mēsis Februarij iam instātis proxime futuri tenenda ad ostēdendū et demonstrandum si quid pro se habeat quare praedictus camerarius executionem praedictarū xl. l. versus eum habere non debet si sibi viderit expedire. Et habeas tunc ibidem nomina illorum per quos. &c. Et hoc praeceptum et cetera. Datum in Camera Guihaldae Ciuitatis praedictae secundo die Februarij Anno dictae dominae Reginae. xvij.
¶Then if the said partie or Recognitor doo not appéer vpon this summons, or if he doo appéere, he doo not satisfie the Court: then a writ of Fieri facias in the like forme is to be graunted and sent out against the said Recognitor.
The entry to be made when any Orphan receiueth his parte and portion.
[Page 44] AT the Courte holden before Nicholas Martin Mayor and the xxiiij. of the common councell of the Citie of Excester, the xx. of April in the xvij. yéere of the reign of our souerain Lady, Quéene Elizabeth, Iohn Maunder the Sonne of Henrye Maunder late Citizen of the Citie of Exon, came and knowledged him to be fully satisfied and contented, of all his parte and portion or of xl. l, ( if it be a sum certain) dew to him by the custome of the Citie of his fathers goods, and therfore cléerly dooth discharge this Court and the Recognitors.
But if it be a maiden Orphan and she maried: then the entrie must be made in the name of her husband & of her self, and bothe of them must be present in the Court & confesse satisfaction, that is to say. Walter Edmūds of the Citie of Excester Tayler, and Anne his wife, the daughter and one of the Orphans of Thomas Lambert late of the Citie of Excester Citizen and Apothecary decessed, came and knowledged them selues to be satisfied of her portion, béeing vj. l.xiij.s.iiij. d. &c.
The duties which by euery Officer are to be doon and excuted.
THe Chamberlain hath the generall charge and ouersight aswel of any thing appertaining to any Orphane as also of euery other Officer, and of his Books and accounts concerning any Orphane, and in his name all Recognisances for Orphans are to be taken.
The common Sergeant is to cast the rates, deuide the portions, examin the Legacyes, to sée the wil to be entred and the Recognisance orderly to be taken, and all other things concerning the Court, he must enter the Recognisances, make out all processe and precepts of Scire facias or Fieri facias and what so euer appertaineth to the Court of Orphans.
The common Cryer is to present the death of euery frée [Page] [...] [Page 44] [...] [Page] man of the Citie hauing yung Orphans vnto the Mayor and Court. He is to summon all maner of persons in all thingꝭ touching the Office of Orphans, he is to execute all writs of Scire facias or Fieri facias and all other processes for the same.
The fourme and order of a Supplication to be exhibited to the Lord Chaunceler or Lord kéeper of the great Seale.
IN their moste humble maner shewing vnto your good Lordshippe, your daily Orators the Mayor and xxiiij. of the common coūcel of the Citie of Excester. That where at this present and time out of minde, your said Orators haue béen gouernours and defendors of Orphans, béeing the fatherlesse children of Citizens decessing within the Citie, which said Children haue béen vertuously brought vp and instructed by the order appointed of your said Orators, and their goods, Cattels, lands and tenements, safely preserued and kept by their discretion and care, to the vse and behoof of the said Orphans, vntil their ful ages of xxj. yéeres according to the custome of the said Citie, whiche saide laudable custome hath alwaies béen obediently obserued and kept, to the great commoditie and safetie of the said Orphans, their goods and portions.
Not withstanding now of late (Right honourable good Lorde) so it is that one R.L. a Citizen of the said Citie lately decessed leauing certain Orphanes, remaining at the time of his death in the Countrie out of the liberties of the said Citie, and making one E.Y. a forrain from the liberties of the saide Citie his Executor, which E.Y. hauing the custody and possession aswel of the Orphans & Children of the said R.L. as also of [Page 45] their said Fathers goods. Albeit he hath béen lawfully and duely warned to appéer before your said Orators, and to bring in aswel the said Orphans as also the Testament and true Inuentory of their said fathers goods that your said Orators might according to the auncient custome of the said Citie take sufficient suertie for the sure payment of the said Orphanes partes at their lawful ages, and also for their vertuous and honest education and bringing vp in learning and knowledge.
Neuerthelesse he refuseth to doo the same, whereby the said poore Orphans and fatherlesse Children, aswel for their owne partes shalbe destituted of knowledge and good education, as also shalbe in dāger vtterly to lese & to be defrauded of their partes and Legacyes, and also the good and lawdable custome euer more obserued and obeyed within the same Citie, shall be broken and violated to the no small damage and hurt of all poor Orphans and Fatherlesse children.
In tender consideration wherof, may it please your Lordship to cause a Sub pena to be awarded out of this honorable court of Chauncery against the said E.Y, commaunding him therby to appéer in the said Court before your Honor at a certaine day by your good Lordship to be appointed, and him to inioyne to abide such order and direction as your said Orators according to the custome of the said Citie shall appoint, and determine in the premisses, and your said Orators according to their bounden duetyes shall dayly pray to the Almightie GOD long to preserue your Lordship in honoure and prosperitye.
The Rates and fees which are due and to be paid to the Officers vpon the charge, discharge or new taking of any Recognisance.
- ¶To the Chamberlain,
- iij.s.iiij. d.xvj.s.iiij. d
- To the common Sergeant,
- v.s.xvj.s.iiij. d
- To the comon Cryer,
- v.s.xvj.s.iiij. d
- To the Maister town Clark,
- ij.s.xvj.s.iiij. d
- To the Clark
- xij. d.xvj.s.iiij. d
- ¶To the Chamberlain,
- xx. d.ix.s.viij. d.
- To the common Sergeant,
- ij.s.vj. d.ix.s.viij. d.
- To the common Cryer,
- ij.s.vj. d.ix.s.viij. d.
- To the Maister Town Clark,
- ij.s.ix.s.viij. d.
- To the Clark,
- xij. d.ix.s.viij. d.
- ¶To the Chamberlain of euery pound,
- ob.
- To the common Sergeant of euery pound,
- ob.
- To the common Cryer of euery pound,
- ob.
- To the Maister Town clark,
- ij.s.
- To the Clark.
- xij. d.
¶All which seuerall summes are to be paid by the Recognitors of their owne money and Pursses without any allowaunce of the Orphanage or Orphans portion.
- ¶To the Chamberlain,
- iij.s.iiij. d xv.s.iiij. d.
- To the common Sergeant,
- v s.xv.s.iiij. d.
- To the common Cryer,
- iiij.s.xv.s.iiij. d.
- To the Maister town Clark,
- ij.s.xv.s.iiij. d.
- To the Clark.
- xij. d.xv.s.iiij. d.
- ¶To the Chamberlain,
- xx. d.vj.s.viij. d.
- To the common Sergeant,
- ij.s.vj.s.viij. d.
- To the Maister town Clark,
- ij.s.vj.s.viij. d.
- To the Clark,
- xij. d.vj.s.viij. d.
- ¶To the Chamberlain for euery pound,
- ob.
- To the common Sergeant
- ob. (quam).
- To the common Cryer,
- ob. (quam).
- To the Maister town Clark,
- ij.s.
- To the Clark,
- xij. d.
All which seuerall summes are at the discharge and vppon knowledging of satisfaction to be payed by the Orphans.
- ¶When any new Suretie is to be taken and a new Recognisance to be knowledged, the Clark is to haue of the said Suretie.
- ij. d.
- ¶For euery Scire facias sewed out by the Orphane vpon the forf [...]cture of any Recognisance or otherwise the Clark is [...] of the Orphans.
- xij. d.
- ¶Also for euery [...] sum,
- xij. d.
- ¶And [...] of Scire facia [...] [...].
- xij. d.
- ¶The like [...] vppon euery Fieri facias.
- xij. d.
- ¶A man worth declare his [...] shalbe allowed for his [...]
- i.C. l.
- ¶A man worth [...],
- l. l.
- ¶A mā worth [...]
- [...]
- ¶A man worth [...],
- [...]
- ¶A man worth [...]
- [...]. l.
- ¶A man worth i.C. l. and vnder ij.C. l.
- v. l.
- ¶A man worth l. l. and vnder i.C. l.
- l.s.
- ¶A man worth xx. l. and vnder [...]. l.
- xxx.s.
- ¶A man worth x. l. and vnder ix. l,
- xx.s.
¶But for asmuch as the great expences in funerals are now by alteration of Religion ab [...]t [...]d, there is to be allowed so much for funerals as by the Mayor & common councel [...] reasonably [...] good.