ple or consequence concern the state of the com- general, and repressing of murders and manmonwealth; which, if they were criminal, the slaughters, and was in amendment of the common council used to sit in the chamber called the star laws of the realm, being this: That whereas by chamber; if civil, in the white chamber or white the common law the king's suit, in case of hohall. And as the chancery had the pretorian micide, did expect the year and the day, allowed power for equity, so the star-chamber had the cen- to the party's suit by way of appeal; and that it sorian power for offences under the degree of was found by experience that the party was many capital. This court of star chamber is compound-times compounded with, and many times wearied ed of good elements, for it consisteth of four kinds of persons, counsellors, peers, prelates, and chief Judges. It discerneth also principally of four kinds of causes, forces, frauds, crimes various of stellionate, and the inchoations or middle acts towards crimes capital or heinous, not actually committed or perpetrated. But that which was principally aimed at by this act was force, and the two chief supports of force, combination of multitudes, and maintenance or headship of great persons.

with the suit, so that in the end such suit was let fall, and by that time the matter was in a manner forgotten, and thereby prosecution at the king's suit by indictment, which is ever best, "flagrante crimine," neglected; it was ordained, that the suit by indictment might be taken as well at any time within the year and the day as after; not prejudicing nevertheless the party's suit.

The king began also then, as well in wisdom as in justice, to pare a little the privilege of clergy, ordaining that clerks convict should be burned in the hand, both because they might taste of some corporal punishment, and that they might carry a brand of infamy. But for this good act's sake the king himself was after branded, by Perkin's proclamation, for an execrable breaker of the rites of holy church.

Another law was made for the better peace of the country; by which law the king's officers and farmers were to forfeit their places and holds in case of unlawful retainer, or partaking in routs and unlawful assemblies.

These were the laws that were made for repressing of force, which those times did chiefly require; and were so prudently framed, as they are found fit for all succeeding times, and so continue to this day.

From the general peace of the country the king's care went on to the peace of the king's house, and the security of his great officers and counsellors. But this law was somewhat of a strange composition and temper. That if any of the king's servants under the degree of a lord, do conspire the death of any of the king's council or lord of the realm, it is made capital. This law was thought to be procured by the lord chancellor, who being a stern and haughty man, and finding he had some mortal enemies in court, provided for his own safety; drowning the envy of it in a general law, by communicating the privilege with all other counsellors and peers, and yet not daring to extend it further than to the king's servants in checkroll, lest it should have been too harsh to the gentlemen and other commons of the kingdom, who might have thought their ancient liberty, and the clemency of the laws of England invaded, if the will in any case of felony should be made the deed. And yet the reason which the act yieldeth, that is to say, that he that conspireth the death of counsellors may be thought indirectly, and by a mean, to conspire the death of the king himself, is indifferent to all subjects, as well as to servants in court. But it seemeth this sufficed to serve the But howsoever the laws made in that parlialord chancellor's turn at this time. But yet he ment did bear good and wholesome fruit; yet the lived to need a general law, for that he grew after-subsidy granted at the same time bare a fruit that wards as odious to the country as he was then to the court.

From the peace of the king's house, the king's care extended to the peace of private houses and families. For there was an excellent moral law moulded thus; the taking and carrying away of women forcibly and against their will, except feinale wards and bond-women, was made capital. The parliament wisely and justly conceiving that the obtaining of women by force unto possession, howsoever afterwards assent might follow by allurements, was but a rape drawn forth in length, because the first force drew on all the rest.

There was made also another law for peace in

There were also made good and politic laws that parliament, against usury, which is the bastard use of money; and against unlawful chievances and exchanges, which is bastard usury; and also for the security of the king's customs; and for the employment of the procedures of foreign commodities, brought in by merchant strangers, upon the native commodities of the realm; together with some other laws of less importance.

proved harsh and bitter. All was inned at last into the king's barn, but it was after a storm. For when the commissioners entered into the taxation of the subsidy in Yorkshire, and the bishopric of Duresme; the people upon a sudden grew into great mutiny, and said openly, That they had endured of late years a thousand miseries, and neither could nor would pay the subsidy. This no doubt proceeded not simply of any present necessity, but much by reason of the old humour of those countries, where the memory of King Richard was so strong, that it lay like lees in the bottom of men's hearts; and if the vessel was but stirred it would come up. And, no doubt, it was

lieutenant in the northern parts, and Sir Richard Tunstal for his principal commissioner, to levy the subsidy, whereof he did not remit a denier.

partly also by the instigation of some factious his warlike exploits, making good his word, malcontents, that bare principal stroke amongst which was usual with him when he heard of them. Hereupon the commissioners being some- rebels, that he desired but to see them. For imwhat astonished, deferred the matter unto the mediately after he had sent down the Earl of SurEarl of Northumberland, who was the principal rey, he marched towards them himself in person. man of authority in those parts. The earl forth- And although in his journey he heard news of the with wrote unto the court, signifying to the king victory, yet he went on as far as York, to pacify plainly enough in what flame he found the people and settle those countries; and that done, returnof those countries, and praying the king's direc-ed to London, leaving the Earl of Surrey for his tion. The king wrote back peremptorily, that he would not have one penny abated of that which had been granted to him by parliament; both because it might encourage other countries to pray the like release or mitigation; and chiefly because he would never endure that the base multitude should frustrate the authority of the parliament, wherein their votes and consents were concluded. Upon this despatch from court, the earl assembled the principal justices and freeholders of the country; and speaking to them in that imperious language, wherein the king had written to him, which needed not, save that a harsh business was unfortunately fallen into the hands of a harsh man, did not only irritate the people, but make them conceive, by the stoutness and haughtiness of delivery of the king's errand, that himself was the author or principal persuader of that counsel; whereupon the meaner sort routed together, and suddenly assailing the earl in his house, slew him, and divers of his servants: and rested not there, but creating for their leader Sir John Egremont, a factious person, and one that had of a long time born an ill talent towards the king: and being animated also by a base fellow, called John a Chamber, a very "boutefeu," who bare much sway amongst the vulgar and popular, entered into open rebellion; and gave out in flat terms that they would go against King Henry, and fight with him for the maintenance of their liberties.

When the king was advertised of this new insurrection, being almost a fever that took him † every year, after his manner little troubled therewith, he sent Thomas, Earl of Surrey, whom he had a little before not only released out of the Tower, and pardoned, but also received to special favour, with a competent power against the rebels, who fought with the principal band of them, and defeated them, and took alive John a Chamber their firebrand. As for Sir John Egremont, he fled into Flanders to the Lady Margaret of Burgundy, whose palace was the sanctuary and receptacle of all traitors against the king. John a Chamber was executed at York in great state; for he was hanged upon a gibbet raised a stage higher in the midst of a square gallows, as a traitor paramount; and a number of his men that where his chief complices were hanged upon the lower story round about him; and the rest were generally pardoned. Neither did the king himself omit his custom, to be first or second in all

About the same time that the king lost so good a servant as the Earl of Northumberland, he lost likewise a faithful friend and ally of James the Third, King of Scotland, by a miserable disaster. For this unfortunate prince, after a long smother of discontent, and hatred of many of his nobility and people, breaking forth at times into seditions and alterations of court, was at last distressed by them, having taken arms, and surprised the person of Prince James, his son, partly by force, partly by threats, that they would otherwise deliver up the kingdom to the King of England, to shadow their rebellion, and to be the titular and painted head of those arms. Whereupon the king, finding himself too weak, sought unto King Henry, as also unto the Pope, and the King of France, to compose those troubles between him and his subjects. The kings accordingly interposed their mediation in a round and princely manner; not only by way of request and persuasion, but also by way of protestation and menace; declaring, that they thought it to be the common cause of all kings, if subjects should be suffered to give laws unto their sovereign, and that they would accordingly resent it and revenge it. But the rebels, that had shaken off the greater yoke of obedience, had likewise cast away the lesser tie of respect. And fury prevailing above fear, made answer: That there was no talking of peace except the king would resign his crown. Whereupon, treaty of accord taking no place, it came to a battle at Bannocksbourn by Strivelin: in which battle the king, transported with wrath and just indignation, inconsiderately fighting and precipitating the charge, before his whole numbers came up to him, was, notwithstanding the contrary express and strait commandment of the prince, his son, slain in the pursuit, being fled to a mill, situate in a field, where the battle was fought

As for the Pope's embassy, which was sent by Adrian de Castello, an Italian legate, and perhaps as those times were, might have prevailed more, it came too late for the embassy, but not for the ambassador. For passing through England, and being honourably entertained, and received of King Henry, who ever applied himself with much respect to the See of Rome, he fell into great grace with the king, and great familiarity and friendship with Morton the Chancellor; insomuch

as the king taking a liking to him, and finding him to his mind, preferred him to the Bishopric of Hereford, and afterwards to that of Bath and Wells, and employed him in many of his affairs of state that had relation to Rome. He was a man of great learning, wisdom, and dexterity in business of state; and having not long after ascended to the degree of cardinal, paid the king large tribute of his gratitude, in diligent and judicious advertisement of the occurrents of Italy. Nevertheless, in the end of his time, he was partaker of the conspiracy which Cardinal Alphonso Petrucci and some other cardinals had plotted against the life of Pope Leo. And this offence, in itself so heinous, was yet in him aggravated by the motive thereof, which was not malice or discontent, but an aspiring mind to the papacy. And in this height of impiety there wanted not an intermixture of levity and folly; for that, as was generally believed, he was animated to expect the papacy by a fatal mockery, the prediction of a soothsayer, which was, "That one should succeed Pope Leo whose name should be Adrian, an aged man of mean birth, and of great learning and wisdom." By which character and figure he took himself to be described, though it were fulfilled of Adrian the Fleming, son of a Dutch brewer, Cardinal of Tortosa, and preceptor unto Charles the Fifth; the same that, not changing his Christian name, was afterwards called Adrian the Sixth.

strangers' rights;" and that upon fines levied and solemnly proclaimed, the subject should have his time of watch for five years after his title accrued: which if he forepassed, his right should be bound forever after; with some exception nevertheless of minors, married women, and such incompetent persons.

This statute did in effect but restore an ancient statute of the realm, which was itself also made but in affirmance of the common law. The alteration had been by a statute, commonly called the statute of "non-claim," made in the time of Edward the Third. And surely this law was a kind of prognostic of the good peace, which since his time hath, for the most part, continued in this kingdom until this day: for statutes of "nonclaim" are fit for times of war, when men's heads are troubled that they cannot intend their estate; but statutes that quiet possessions are fittest for times of peace, to extinguish suits and contentions, which is one of the banes of peace.

Another statute was made, of singular policy, for the population, apparently, and, if it be thoroughly considered, for the soldiery and military forces of the realm.

Enclosures at that time began to be more frequent, whereby arable land, which could not be manured without people and families, was turned into pasture, which was easily rid by a few herdsmen; and tenances for years, lives, and at will, whereupon much of the yeomanry lived, were turned into demesnes. This bred a decay of people, and, by consequence, a decay of towns, churches, tithes, and the like. The king like

there ensued withal upon this a decay and diminution of subsidies and taxes; for the more gentlemen, ever the lower books of subsidies. In remedying of this inconvenience the king's wisdom was admirable, and the parliament's at that time. Enclosures they would not forbid, for that had been to forbid the improvement of the

But these things happened in the year following, which was the fifth of this king. But in the end of the fourth year the king had called again his parliament, not, as it seemeth, for any particu-wise knew full well, and in nowise forgot, that lar occasion of state: but the former parliament being ended somewhat suddenly, in regard of the preparation for Britain, the king thought he had not remunerated his people sufficiently with good laws, which evermore was his retribution for treasure. And finding by the insurrection in the north there was discontentment abroad, in respect of the subsidy, he thought it good to give his sub-patrimony of the kingdom; nor tillage they would jects yet further contentment and comfort in that kind. Certainly his times for good commonwealth's laws did excel. So as he may justly be celebrated for the best lawgiver to this nation, after King Edward the First; for his laws, whoso marks them well, are deep, and not vulgar; not made upon the spur of a particular occasion for the present, but out of providence of the future, to make the estate of his people still more and more happy; after the manner of the legislators in ancient and heroical times.

First, therefore, he made a law suitable to his own acts and times: for as himself had in his person and marriage made a final concord in the great suit and title for the crown, so by this law he settled the like peace and quiet in the private possessions of the subjects: ordaining, "That fines thenceforth should be final, to conclude all

not compel, for that was to strive with nature and utility: but they took a course to take away depopulating enclosures and depopulating pasturage, and yet not by that name, or by any imperious express prohibition, but by consequence. The ordinance was, "That all houses of husbandry, that were used with twenty acres of ground and upwards, should be maintained and kept up forever; together with a competent proportion of land to be used and occupied with them;" and in nowise to be severed from them, as by another statute, made afterwards in his successor's time, was more fully declared: this upon forfeiture to be taken, not by way of popular action, but by seizure of the land itself by the king and lords of the fee, as to half the profits, tul the houses and lands were restored. By this means the houses being kept up, did of necessity enforce a

tices, then to the justices of assize, then to the king or chancellor, that a proclamation which he had published of that tenor, should be read in open sessions four times a year, to keep them awake. Meaning also to have his laws executed, and thereby to reap either obedience or forfeitures, wherein towards his latter times he did decline too much to the left hand, he did ordain remedy against the practice that was grown in use, to stop and damp informations upon penal laws, by procuring informations by collusion, to be put in by the confederates of the delinquents, to be faintly prosecuted, and let fall at pleasure; and pleading them in bar of the informations, which were prosecuted with effect.

dweller; and the proportion of land for occupa- | that they should duly execute their office, inviting tion being kept up, did of necessity enforce that complaints against them, first to their fellow-jusdweller not to be a beggar or cottager, but a man of some substance, that might keep hinds and servants, and set the plough on going. This did wonderfully concern the might and mannerhood of the kingdom, to have farms as it were of a standard, sufficient to maintain an able body out of penury, and did in effect amortise a great part of the lands of the kingdom unto the hold and occupation of the yeomanry or middle people, of a condition between gentlemen and cottagers or peasants. Now, how much this did advance the military power of the kingdom is apparent by the true principles of war and the examples of other kingdoms. For it hath been held by the general opinion of men of best judgment in the wars, howsoever some few have varied, and that it may He made also laws for the correction of the receive some distinction of case, that the principal mint, and counterfeiting of foreign coin current. strength of an army consisteth in the infantry or And that no payment in gold should be made to foot. And to make good infantry, it requireth | any merchant-stranger, the better to keep treasure men bred, not in the servile or indigent fashion, within the realm, for that gold was the metal but in some free and plentiful manner. Therefore that lay in least room. if a state run most to noblemen and gentlemen, and that the husbandmen and ploughmen be but as their workfolks and labourers, or else mere cottagers, which are but housed beggars, you may have a good cavalry, but never good stable bands of foot; like to coppice woods, that if you leave in them staddles too thick, they will run to bushes and briars, and have little clean underwood. And this is to be seen in France and Italy, and some other parts abroad, where in effect all is noblesse or peasantry, (I speak of people out of towns,) and no middle people, and therefore no good forces of foot; insomuch as they are enforced to employ mercenary bands of Switzers, and the like, for their battalions of foot. Whereby also it comes to pass, that those nations have much people and few soldiers. Whereas the king saw, that contrariwise it would follow, that England, though much less in territory, yet would have infinitely more soldiers of their native forces than those other nations have. Thus did the king secretly sow Hydra's teeth; whereupon, according to the poet's fiction, should rise up armed men for the service of this kingdom.

He made also statutes for the maintenance of drapery, and the keeping of wools within the realm; and not only so, but for stinting and limiting the prices of cloth, one for the finer, and another for the coarser sort. Which I note, both because it was a rare thing to set prices by statute, especially upon our home commodities; and because of the wise model of this act, not prescribing prices, but stinting them not to exceed a rate; that the clothier might drape accordingly as he might afford.

Divers other good statutes were made that parliament, but these were the principal. And here I do desire those into whose hands this work shall fall, that they do take in good part my long insisting upon the laws that were made in this king's reign. Whereof I have these reasons; both because it was the pre-eminent virtue and merit of this king, to whose memory I do honour; and because it hath some correspondence to my person; but chiefly because, in my judgment, it is some defect even in the best writers of history, that they do not often enough summarily deliver and set down the most memorable laws that The king also, having care to make his realm passed in the times whereof they writ, being potent, as well by sea as by land, for the better indeed the principal acts of peace. For though maintenance of the navy, ordained; "That wines they may be had in original books of law themand woods from the parts of Gascoign and Lan-selves; yet that informeth not the judgment of guedoc, should not be brought but in English kings and counsellors, and persons of estate, so bottoms;" bowing the ancient policy of this well as to see them described, and entered in the estate, from consideration of plenty to considera- table and portrait of the times. tion of power. For that almost all the ancient statutes incite by all means merchant-strangers, to bring in all sorts of commodities; having for end cheapness, and not looking to the point of state concerning the naval power.

The king also made a statute in that parliament, monitory and minatory towards justices of peace,

About the same time the king had a loan from the city, of four thousand pounds; which was double to that they lent before, and was duly and orderly paid back at the day, as the former likewise had been; the king ever choosing rather to borrow too soon than to pay too late, and so keeping up his credit.