with two witnesses to condemn a man, with the jury, the three permitted challenges, the admirable guarantees of justice with which the uprightness, number, repute, and condition of the juries surround the sentence. About the juries he says:

"Twelve good and true men being sworn, as in the manner above related, legally qualified, that is, having, over and besides their moveables, possessions in land sufficient, as was said, wherewith to maintain their rank and station; neither inspected by, nor at variance with either of the parties; all of the neighbourhood; there shall be read to them, in English, by the Court, the record and nature of the plea."1

Thus protected, the English commons cannot be other than flourishing. Consider, on the other hand, he says to the young prince whom he is instructing, the condition of the commons in France. By their taxes, tax on salt, on wine, billeting of soldiers, they are reduced to great misery. You have seen them on your travels....

"The same Cominons be so impoverishid and distroyyd, that they may unneth lyve. Thay drink water, thay eate apples, with bred right brown made of rye. They eate no fleshe, but if it be selden, a litill larde, or of the entrails or heds of bests sclayne for the nobles and merchants of the land. They weryn no wollyn, but if it be a pore cote under their uttermost garment, made of grete canvass, and cal it a frok. Their hosyn be of like canvas, and passen not their knee, wherfor they be gartrid and their thyghs bare. Their wifs and children gone bare fote.

The original of this very famous treatise, de Laudibus Legum Anglia, was written in Latin between 1464 and 1470, first published in 1537, and translated into English in 1775 by Francis Gregor. I have taken these extracts from the magnificent edition of Sir John Fortescue's works published in 1869 for private distribution, and edited by Thomas Fortescue, Lord Clermont. Some of the pieces quoted, left in the old spelling, are taken from an older edition, translated by Robert Mulcaster in 1567.-TR.

...

...

... For sum of them, that was wonte to pay to his lord for his tenement which he hyrith by the year a scute payth now to the kyng, over that scute, fyve skuts. Wher thrugh they be artyd by necessite so to watch, labour and grub in the ground for their sustenance, that their nature is much wasted, and the kynd of them brought to nowght. Thay gone crokyd and ar feeble, not able to fight nor to defend the realm; nor they have wepon, nor monye to buy them wepon withal. . . . This is the frute first of hyre Jus regale. . . . But blessed be God, this land ys rulid under a better lawe, and therfor the people therof be not in such penurye, nor therby hurt in their persons, but they be wealthie and have all things necessarie to the sustenance of nature. Wherefore they be myghty and able to resyste the adversaries of the realms that do or will do them wrong. Loo, this is the frut of Jus politicum et regale, under which we lyve."1 "Everye inhabiter of the realme of England useth and enjoyeth at his pleasure all the fruites that his land or cattel beareth, with al the profits and commodities which by his owne travayle, or by the labour of others, hae gaineth; not hindered by the iniurie or wrong deteinement of anye man, but that hee shall bee allowed a reasonable recompence.2 . . . Hereby it commeth to passe that the men of that lande are riche, havyng aboundaunce of golde and silver, and other thinges necessarie for the maintenaunce of man's life. They drinke no water, unless it be so, that some for devotion, and uppon a zeale of penaunce, doe abstaine from other drinks. They eate plentifully of all kindes of fleshe and fishe. They weare fine woollen cloth in all their apparel; they have also aboundaunce of bed-coveringes in their houses, and of all other woollen stuffe. They have greate store of all hustlementes and implementes of householde, they are plentifully furnished with al instruments of husbandry, and all other things that are requisite to the accomplishment of a quiet and wealthy lyfe, according to their estates and degrees. Neither

Of an Absolute and Limited Monarchy, 3d ed., 1724, ch. iii. p. 16. ? Commines bears the same testimony.

are they sued in the lawe, but onely before ordinary judges, where by the lawes of the lande they are iustly intreated. Neither are they arrested or impleaded for their moveables or possessions, or arraigned of any offence, bee it never so great and outragious, but after the lawes of the land, and before the iudges aforesaid."1

All this arises from the constitution of the country and the distribution of the land. Whilst in other countries we find only a population of paupers, with here and there a few lords, England is covered and filled with owners of lands and fields; so that "therein so small a thorpe cannot bee founde, wherein dwelleth not a knight, an esquire, or suche a housholder as is there commonly called a franklayne, enryched with greate possessions. And also other freeholders, and many yeomen able for their livelodes to make a jurye in fourme afore-mentioned. For there bee in that lande divers yeomen, which are able to dispend by the yeare above a hundred poundes." 2 Harrison says:3

1 De Laudibus, etc., ch. xxxvi.

"The might of the realme most stondyth upon archers which be not rich men." Compare Hallam, ii. 482. All this takes us back as far as the Conquest, and farther. "It is reasonable to suppose that the greater part of those who appear to have possessed small freeholds or parcels of manors were no other than the original nation. . . . ▲ respectable class of free socagers, having in general full right of alienating their lands, and holding them probably at a small certain rent from the lord of the manor, frequently occurs in the Domesday Book." At all events, there were in Domesday Book Saxons "perfectly exempt from villenage." This class is mentioned with respect in the treatises of Glanvil and Bracton. As for the villeins, they were quickly liberated in the thirteenth or fourteenth century, either by their own energies or by becoming copyholders. The Wars of the Roses still further raised the commons; orders were frequently issued, previous to a battle, to slay the nobles and spare the commoners.

Description of England, 275.

"This sort of people, have more estimation than labourers and the common sort of artificers, and these commonlie live wealthilie, keepe good houses, and travell to get riches. They are for the most part farmers to gentlemen," and keep servants of their own. "These were they that in times past made all France afraid. And albeit they be not called master, as gentlemen are, or sir, as to knights apperteineth, but onelie John and Thomas, etc., yet have they beene found to have done verie good service; and the kings of England, in foughten battels, were wont to remaine among them (who were their footmen) as the French kings did among their horssemen: the prince thereby showing where his chiefe strength did consist."

Such men, says Fortescue, might form a legal jury, and vote, resist, be associated, do everything wherein a free government consists: for they were numerous in every district; they were not down-trodden like the timid peasants of France; they had their honour and that of their family to maintain; "they be well provided with arms; they remember that they have won battles in France." 1 Such is the class, still obscure, but more

1 The following is a portrait of a yeoman, by Latimer, in the first sermon preached before Edward VI., 8th March 1549 : "My father was a yeoman, and had no lands of his own; only he had a farm of £3 or £4 by year at the uttermost, and hereupon he tilled so much as kept half-a-dozen men. He had walk for a hundred sheep, and my mother milked thirty kine. He was able, and did find the king a harness, with bimself and his horse; while he came to the place that he should receive the king's wages. I can remember that I buckled his harness when he went unto Blackheath field. He kept me to school, or else I had not been able to have preached before the King's Majesty now. He married my sisters with £5 or 20 nobles a-piece, so that he brought them up in godliness and fear of God; he kept hospitality for his poor neighbours, and some alms he gave to the poor; and all this did he of the said farm. Where he that now hath it payeth £16 by the year, or more, and is not able to do anything for his prince, for himself, nor for his children, or give a cup of drink to the poor."

This is from the sixth sermon, preached before the young king, 12th

rich and powerful every century, which, founded by the down-trodden Saxon aristocracy, and sustained by the surviving Saxon character, ended, under the lead of the inferior Norman nobility, and under the patronage of the superior Norman nobility, in establishing and settling a free constitution, and a nation worthy of liberty.

IX.

When, as here, men are endowed with a serious character, have a resolute spirit, and possess independent habits, they deal with their conscience as with their daily business, and end by laying hands on church as well as state. Already for a long time the exactions of the Roman See had provoked the resistance of the people, and the higher clergy became unpopular. Men complained that the best livings were given by the Pope to non-resident strangers; that some Italian, unknown in England, possessed fifty or sixty benefices in England; that English money poured into Rome; and that the clergy, being judged only by clergy, gave themselves up to their vices, and abused their state of immunity. In the first years of Henry III.'s reign there were nearly a hundred murders committed by priests then alive. At the beginning of the fourteenth century the ecclesiastical revenue was twelve April 1549: "In my time my poor father was as diligent to teach me to shoot as to learn (me) any other thing; and so, I think, other men did their children. He taught me how to draw, how to lay my body in my bow, and not to draw with strength of arms, as other nations do, but with strength of the body. I had my bows bought me according to my age and strength; as I increased in them, so my bows, were made bigger and bigger; for men shall never shoot well except they be brought up in it. It is a goodly art, a wholesome kind of exercise, and much commended in physic."