•^^^
.A>£^
THE
HISTORY
OF
GREAT BRITAIN,
FROM THE
FIRST INVASION OF IT BY THE ROMANS UNDER
JULIUS CESAR.
WRITTEN ON A NEW PLAN.
By ROBERT HENRY, D. D.
ONE OF THE MINISTERS OP EDINBURGH, MEMBER OF THE SOCIETY OF ANTIQUARIANS
OF SCOTLAND, AND OF THE ROYAL SOCIJETV OF EDINBURGH.
THE SIXTH EDITION.
IN TWELVE VOLUMES.
VOL. X.
LONDON :
PRINTED FOR T. AND J. ALLMAN, PRINCE'b STREET, HANOVER SQUARE; W.
BAYNES AND SON, PATERNOSTER ROW; A. B. DULAU AND CO. SOHO SQUARE;
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strand; JOHN ANDERSON, JUN. EDINBURGH; M, KEENE AND JOHN
CITMMING, DUBLIN.
1823.
J. Q. Barnard, Sklitner Street, Loodon.
THE LIBRARY
UMVT-'.TTY OF CAUFORNIJ&
.-...,^- _SAKTA BARBARA
CONTENTS
OF
THE TENTH VOLUME,
BOOK V. Continued.
CHAP. II.
History of Religion in Great Britain, from the Ac^
cession of Henry IV. A. D. 1399, to the Accession
of Henry Yll. A. T>. 14^85. - - Page 1
CHAP. III.
History of the Constitution, Governme?if, and Laws
of Great Britain, from the Accession of Henry
IV. A. D. 1399, to the Accession^ of Hewry. VII.
A, D. 14S5. - - - ... 51
Sect. I. History of- the Constitution, Govern-
ment, an(l I^qws of Knglan^l, from A. D. 1399,
to A. 1). 14B5. - - . 52
Sect,, XI,, Hjgtorv of the Constitution, Govern-
ment;,, and Laws of Scotland, i'roni A. D. 14-00,
to A. D. 1488. - - - 90
a
\i CONTENTS.
CHAP. IV.
JJistorij of Learning in Great Britain, from the Ac-
cession of Henry IV. A. D. 1399, to the Acces-
sion of Henry VII. A. D. 1486.
Sect. 1. State of Learning in Britain, from A. D.
1399, to A. D. 1485. - - Page 109
Sect. II. History of the most Learned Men who
flourished in Britain, from A. D. 1399, to
A. D. 1485. - - - - 129
Sect. III. History of the chief Seminaries of
Learning founded in Great Britain, from A. D.
1400, to A. D. 1485. - - 149
CHAP. V.
JListory of the Arts in Great Britain, from the Ac-
cession of Henry IV. A. D. 1 399, to the Acces-
sion of He7iry Yll. A. D. 14^85. - - 169
Sect. I. History of the Necessary Arts in Bri-
tain, from A.D. 1399, to A. D. 1485. - 170
Sect. II. History of the Fine and Pleasing Arts
of Sculpture, Painting, Poetry, and Music,
in Britain, from A. D. 1400, to A. D. 1485. 205
CHAP. VL
History of Commerce, Coin, and Shipping in Great
Britain, from the Accession of Henry IV. A.D.
1399, to the Accession of Henry VII. A. D. 1485. 233
CHAP. VIL
History of the Manners, Virtues, Vices, remarkable
Customs, Language, Dress, Diet, and Diversions
of the 2'cople of Great Britain, from the Acces-
sion of Henry IV. A. D. 1 399, to the Acces-
sion of Henry VII. A. D. 1485- - 275
CONTENTS.
APPENDIX TO BOOK V.
Number I. Example of the bombast, being part
of Thomas de Elmham's description of the Bat-
tle of Agincourt - - - Page 325
Number II. Carta ordinan Robertum Dominum
Boyd gubernatorem Regni et persone Regis 326
Number III. Pacification of Blackness - 327
Number IV. List of the Members who were pre-
sent the first day in the Parliament of Scotland,
which met June 1, A. D. 1478, being the first
List of the kind that occurs in the records of
Parliament - - - - 329
Number V. Letter of Remission by Patrick
Graham, Archbishop of St Andrew's, to John
Martin, citizen there - - - 331
Number VL The goodly provision made for the
Installation- feast of George Neville, Archbishop
of York, A. D. 1466. 332
THE
HISTORY
OF
GREAT BRITAIN,
BOOK V.
CHAP. II.
HISTORY OF RELIGION IN GREAT BRITAIN FROM THE
ACCESSION OF HENRY IV. A. D. 1399, TO THE ACCES-
SION OF HENRY VII. A. Q. 1485.
1 HE ecclesiastical transactions of this period >*■ y^
that merit the attention of posterity are not
many : being for the most part of a melancholy
nature, they shall be related with as much brevi-
ty as is consistent with perspicuity.
Henrv IV., conscious of the defect of his title ^^"^7
. . courts the
to the throne, earnestly desu'ed to gain the favour clergy.
and support of the clergy. With this view, he sent
the Earl of Northumberland to a convocation of
the province of Canterbury,- met in the chapter-
house of St Paul's, 6th October, A. D. 1399, with
a message admirably adapted to please the mem-
VOL. X. B
ti
it
it
2 HISTORY OF BRITAIN. Book. V.
Cent. XV. |)ers of that assembly, and attach them to his in-
terest. " I am not come (said the Earl), like the
*' commissioners of former kings, to demand your
" money, but to assure you, tluit my royal mas-
ter never will demand any money of his cler-
gy, except in cases of the most extreme neces-
sity. I am come most earnestly to beg the
" prayers of the church for the King and king-
" dom ; and to promise that he will protect the
" clergy in all their liberties and immunities ;
" and that he will assist them with all his power
" in exterminating heretics*." The first of these
promises was soon forgotten ; and no king of
England ever made such frequent demands of
money from the clergy as Henry IV., after he
was firmly established on the throne ; but the
second was too faithfidly performed.
Law Archbishop Arundel, who was now restored to
LoUards. his scc of Canterbury , was a cruel enemy to Wick-
liffe and his followers. When he was Archbishop
of York, he persecuted them with great severity ;
but being now placed at the head of the clmrch,
and supported by all the power of the crown, he
determined to shew them no mercy. That he
might be armed with legal powers to take ven-
geance on the devoted Lollards, he and his clergy
applied to the parliament that met at Westmin-
ster, A.D. 1400, representing, that many persons,
who had no authority from a bishop, preached
heretical doctrines, published heretical books, and
taught errors and heresies in the schools ; and
* Wilkin. Coneiliar. torn. S. p. 238, 239.
Chap. 2. RELIGION. 3
praying the parliament to provide a remedy Cent. xv.
ao-ainst these dangerous innovations. In compli- ^^^'''■'^
ance with this representation of the clergy, the
parhament, or rather the King and peers, made a
severe law against the Lollards, authorising the
bishops to imprison all persons suspected of here-
sy, to try them in the spiritual court; and if they
proved either obstinate or relapsed heretics, the
spiritual judge was to call the sheriff of the coun-
ty, or the chief magistrate of the town, to be pre-
sent when the sentence of condemnation was
pronounced, and immediately to deliver the con-
demned person to the secular magistrate, who
was to cause him to be burned to death in some
elevated place, in sight of all the people*.
The Archbishop, impatient to put this cruel ^°^^"^
law in execution, even during the session of par- wniiam
liament that made it, brought Sir AVilliam Saw-
tre, rector of St Oswyth, London, to his trial for
heresy, before the convocation of the province of
Canterbury, at St Paul's. The chief heresies of
which he was accused were these two, that he re-
fused to worship the cross, and that he denied the
doctrine of transubstantiation. The unhappy
man, in order to avoid the painful death with
which he was threatened, endeavoured to explain
away his heresies as much as possible. He con-
sented to pay an inferior vicarious kind of wor-
ship to the cross, on account of him who died up-
on it. But that gave no satisfaction. He acknow-
ledged the real presence of Clu'ist in the sacra-
• Statutes, 2d Hen. IV, ch. 15. Wilkin. Concil. torn. 3, p. 271.
HISTORY OF BRITAIN. Book V..
Cent. XV. -jxient ; and that after the words of consecration
were pronounced, the bread became the true spi-
ritual bread of life. He underwent an examina-
tion of no less than three hours on that subject,
February 19, A. D. 1401 ; but when the Arch-
bishop urged him to profess his belief, — " I'hat
" after consecration the substance of the bread
" and wine no longer remained, but was convert-
" ed into the substance of the body and blood of
" Christ, which were as really and truly in their
•' proper substance and nature in the sacrament,
" as they were in the womb of the Virgin Mary,
" as they hung upon the cross, as they lay in the
" gTave, and as they now resided in heaven ;" he
stood aghast, and, after some hesitation, declared,
" That, whatever might be the consequence, he
" could neither understand nor believe that doc-
" trine." On this the Archbishop pronounced
him an obstinate heretic, degraded him from all
the clerical orders with which he had been in-
vested, and delivered him to the mayor and she-
riffs of London, with the hypocritical request,
that they would use him kindly ; though he well
knew, tliat all the kindness they dared to shew
him was to burn him to ashes. He was accord-
ingly burnt in Smithfield, and had the honour
to be the fost person in England who suffered
this painful kind of death, for maintaining those
doctrines which are now maintained by all the
Protestant churches*.
* Wilkin. Concjl. torn. 3. p. 262. Fox, Acts and Monument!;, p.
476,477.
Chap. 2. RELIGION. 5
This cruel public execution of so respectable cent. xv.
a clergpnan struck terror into all the followers ^^JJ^J^
of WicklifFe, and made many of them conceal dismayed.
their opinions to preserve their lives. Others of
them, when they were brought toT their trial,
fainted, woiuiding their consciences, by pretend-
ing to renounce their sentiments ; and several
years elapsed before any one was found who had
fortitude to endure the fiery trial*. Great mul-
titudes, however, in all parts of England, parti-
cularly in London, Oxford, Shrewsbury, Nor-
folk, and Lincolnshire, still secretly adhered to
the opinions of Wickhffef .
Archbishop Arundel was as superstitious as he Arundei
was cruel. He increased the number of holidays, tious.
and appointed additional acts of worship to be
paid to the Virgin INIary, to whose patronage he
ascribed all the prosperity of the English nation,
and particularly the late revolution, which had
restored him to his seel. To do this prelate jus-
tice, he attempted to rectify a very great abuste
wdiich had long prevailed, of holding fairs and
markets in church-yards on Sundays. He pro-
hibited this practice, except in harvest, when it
was thought to be necessary §.
William Thorp, a clergyman of uncommon Sufferings
learning for the age in which he flourished, was a ^^p.
disciple of WicklifFe, and preached the doctrines
he had learned from him in many parts of Eng-
land. He was sometimes imprisoned; but by his
• Fox, Acts and Monuments, p. 435. f Id. ibid.
\ Wilkin. Concil. tom. 3. p. 246. 253. § Id. ibid.
6 HISTORY OF BRITAIN. Book V.
Cent. XV. Q-yyii prudence, and favourable events, he long
^^""^ escaped any severer sufferings. Being apprehend-
ed by the magistrates of Shrewsbury, he was sent
to the Archbishop of Canterbury; before whom,
and three of his most learned clergy, he under-
went a very long examination, on the first Sun-
day of August, A. D. 1407 ; of which he wrote
a very distinct account. From this account it
appears that JMr Thorp was an overmatch for his
antagonists at disputation ; which made them
have recourse to promises and threatenings to
shake his constancy. The primate, who was
much addicted to profane swearing, declared,
with many oaths, — " That he would pursue him,
" and all his sect so narrowly, that he would not
" leave one slip in the land." One of the assist-
ant priests told him, that if he did not recant, he
should be cursed, degraded, burnt, and damned;
and another of them proposed to throw him into
"" the sea. At last the primate adopted a measure,
in appearance at least, milder. He committed
him to a loathsome prison at Saltwood, the hor-
rors of which had oA^ercome the fortitude of se-
veral other Lollards ; and in this prison, it is pro-
bable, IVIr Thorp died, as no further mention is
made of him in history*.
Attempts The excessive riches and dissolute manners of
trimony tif many of the clergy created them many enemies,
the church. ^^^ produccd scvcral attempts against the patri-
mony of the church. When the King was redu-
ced to great straits in his expedition into Wales,
* Fox, p. 4S7 — 500.
Chap. 2. RELIGION. f^
A. D. 1403, some of his barons proposed to seize Cent xv.
the money and plate of certain rich prelates who ^*^
were in the army, to supply his wants. But the
primate, v.^ho was present, denounced sucli threats
against any who should presume to invade the
property of the church, that the proposal was
not adopted*. In a parliament at Coventry,
A. D. 1404, when a supply was demanded from
the commons, they represented by their speaker
to the King, in the house of lords, that the com-
mons were reduced to great poverty by frequent
taxes and their personal service, and could not
afford any supply ; but that the clergy wallowed
in w^ealth ; and that it was therefore reasonable
to take some of their superfluous ridies to sup-
])ly the necessities of the state. To ward off this
blow, the primate fell on his knees before the
King, and conjured him to remember his coro-
nation oath, by which he had solemnly swore to
protect the church in all her privileges and im-
munities. The King desired the Archbishop to
rise and go to his place, and assured him he would
defend the church in all her possessions, and
would leave her richer than he found her. The
peers adopting the same idea, the commons were
obliged not only to relinquish their proposal, but
to beg pardon for their presumption f.
Several laws were made in this reign against Laws
the exorbitant exactions of the court of Rome, cSun of
against the Pope's providing successors to bene- ^°"^*
• Walsing. Ypodigma Neustn«, p. 561.
t Id. ibid. Ilist. Aug. p. 31 1 , 372.
8 HISTORY OF BRITAIN. Book V.
Cent. XV. fices bcfore tliey became vacant, and against his
^"^''''"'^ granting exemptions to the regular clergy from
the payment of tithes*. Eut these laws were
not more effectual than former ones to the same
purpose.
Archbishop 'Pile primate held a convention of the prelates
Arundel s ^ , ^
constitu- and clergy of his province, at St Paul's, January
14, A. D. 1409, in which thirteen canons or con-
stitutions were made. In the preface to these
canons, it is declared to be the most horrid of all
crimes, to dispute any of the doctrines, or dis-
obey any of the decrees promulgated by the
Pope — " who carried tlie keys of eternal hfe and
*' eternal death ; was the vicegerent, not of a
" mere man, but of the true God, on earth ; and
" to whom God had committed the government
*' of the kingdom of heaven f." This was rather
strong language, especially at a time when there
were two popes, who had sent one another to
the devil, and were both declared contumacious
heretics by the coimcil of Pisa that same year|.
The design of Archbishop Arundel's constitu-
tions was, to prevent the increase, and even to
extirpate Lollardy, as the doctrines of Wickliffe
were then called, by inflicting certain wholesome
severities on those who propagated or professed
these doctrines f .
Burning of Au cxamplc of tliis scvcrity was exhibited soon
Badby. after the publication of these canons. Thomas
Badby, a tailor in the diocese of Worcester, was
• Statutes at Large, item, &c. f Wilkin. Concil. torn. 3. p. 314.
\ Du Pin, Cent. XV. c. 1. § Wilkin. Concil. torn. 2. p. 314. 319.
Chap. 2. RELIGION.
tried and found guilty of heresy by the bishop of Cent. xv.
that see, January 2, A. D. 1410, and sent, with
a copy of his trial and sentence, to the primate.
The heresy of which Badby was accused, and for
which he was condemned, was this — " That the
" sacrament of the body of Christ, consecrated by
" the priest on the altar, was not the true body
" of Christ, by virtue of tlie words of the sacra-
" ment ; but that, after the sacramental w^ords
" spoken by the priest to make the body of
" Christ, the material bread did remain vipon the
" altar as at the beginning ; neither was it turn-
" ed into the very body of Christ after the sacra-
" mental words spoken by the priest*." He was
also accused of saying that " no priest was able to
" make the body of Christ." On these subjects he
was examined by the Archbishop, in the presence
of nine other bishops, and many of the chief no-
bility, March 1. The primate pressed him ear-
nestly to renounce his errors, and believe as the
church believed ; and declared, that if he w^ould
do this, " he would gage his soul for him at the
" day of judgment." But Badby still adhering to
his opinions, he pronounced him an obstinate he-
ritic, and delivered him to the secular magis-
trates, " desiring them very instantly not to put
" him to death ;" though he knew perfectly tliat
they could do nothing else. He was accordingly
conducted to Smithfield the same day, in the af-
ternoon, placed in a large tun, surrounded with
dry wood, and fastened to a stake with iron
chains. Before the fire was kindled, the I'rince
• Fox, p. 479.
10 HISTORY OF BRITAIN. Book V.
Cent, XV. of Wolcs Tode up to the pile, and earnestly en-
^^^'^""'^ treated him to save himself from a painful death,
by renouncing his heresies, promising him a com-
petent annuity for life if he would comply. The
poor man, with many expressions of the warmest
gratitude to the Prince, declared, that he firmly
believed his opinions to be true, and that he could
not renounce them, even to save his life. The fire
being then put to the wood, when he felt the vio-
lence of the flames, he cried aloud for mercy.
The prince thinking that the pain he had felt had
overcome his fortitude, commanded the flames
to be extinsjiiished, and renewed his intreaties to
him to recant. But this humble sufferer remain-
ing invincible in his resolution to endure any tor-
ment rather than renounce the truth, the fii'e
was kindled, and he was reduced to ashes*.
Schism in As it doth not properly belong to our present
the papacy. g^]3Jg(,t^ gQ j|- would bc tcdious to givc a minute
detail of all the steps that were taken by the
church of England, in conj miction with other
churches, to put an end to the schism in the pa-
pacy, which had now continued about thuly
years. It is sufficient to observe, that the two
contending popes, Peter de Luna, called Bene-
dict XIII., and Angelus Corarius, called Grego-
ry XII., were deposed by the council of Pisa,
June 5, A. D. 1409, as manifest schismatics and
heretics, gTiilty of contumacy and perjury ; and
on the 19th of the same month, that general coun-
cil raised Peter Philaret, a Greek to the papacy,
who took the name of Alexander V., and was ac-
* Fox, p. -177—480.
Chap. 2. RELIGION. 11
knowledged as pope by the church of England*. ^- ^*
But this was so far from putting an end to the
schism, that it added one pope more to the num-
ber ; so that now, and for several years after,
there were no fewer than three infallible heads of
the church, and keepers of the keys of the king-
dom of heaven, at once ; who gave one another
very bad names, which was not the worst proof
of their infallibility. Alexander V. died JMay 3,
A. D. 1410, and was succeeded by Balthasar Cos-
sa, a Neapohtean, who assumed the name of John
XXIII. But John was deposed, A. D. 1415, by
the council of Constance, for heresy, contumacy,
peijury, simony, adultery, incest, and a thousand
cheatsf . Benedict XIII. (Peter de Luna) was al-
so deposed; and Angelus Corarius (Gregory
XII.) having resigned, the chair of St Peter was
considered as empty, and Odon de Colonna, Car-
dinal-deacon of St George, was placed in it, who
took the name of INIartin V. But as Benedict
XIII. did not submit to the sentence of deposi-
tion, and even had a successor, named Clement
VII., the schism was not fuUy terminated tiU
A. D. 1429, after it had continued more than half
a century, had occasioned great confusion in the
Christian world, and put aU the princes and states
in Europe to incredible expence and trouble.
Archbishop Arvmdel still continued his efforts Pcrsecu-
to extii-pate the opinions of WicklifFe, by perse-
• Du Rn, Cant. XV. c. I. f Id. ibid, c. 2.
tion.
12
HISTORY OF BRITAIN. Book V.
Cent. XV. cuting those by whom they were maintained.
He was the more exasperated against these opi-
nions, that some of them were hostile to the
power and riches of the clergy ; and their friends
in the house of commons had made repeated at-
tempts on the possessions of the church. In the
parliament that met at Westminister in the be-
ginning of Lent A. D. 1409, the commons re-
presented to the King, in the house of peers,
" That if he would please to take away the es-
" tates of the bishops, abbots, and priors, which
" they spent in unnecessary pomp and luxury, the
*" crown and kingdom would reap great advan-
" tages, as it woidd enable the King to support
"15 earls, 1500 knights, 6200 esquires, and
" 100 hospitals*." But this petition was re-
jected ; and the peers presented a counter peti-
tion, praying the King to protect the patrimony
of the church, and to punish all such as taught
the people that it was lawful to take it away*"
The primate, in order to suppress the doctrines
of WicklifFe in the university of Oxford, where
they prevailed more than in any other part of
England, set out with a great retinue, A. D 1411,
to visit that university. Eut when he approached,
he was met by the chancellor and proctors, who
told him, that if he came only to take a view of
their colleges, he should be received and enter-
tained with all the respect due to his high rank ;
• Walsing. p. 379. f Fuller's Church Hist, book 4. p. 161.
Chap. 2. RELIGION. 13
but that if he came as their visitor, he could not Cent. xv.
be admitted, because they were exempted by se- ^"^^""^
veral papal bulls from all episcopal visitation.
The primate, greatly irritated at this repulse, ap-
pealed to the King ; who, after hearing both par-
ties, pronounced a definitive sentence, February
9, A. D. 1412., against the university*.
The Archbishop, being engaged in other af- Doctrines
fairs, did not execute his intended visitation, but liffe con-
commanded the university to appoint twelve of '^™"
its most learned and orthodox members to exa-
mine the works of Wickliffe,and extract such opi-
nions as appeared to them heritical or erroneous.
In compliance with this injunction, the univer-
sity chose four doctors, four bachelors, and four
students in divinity, who examined Wickliffe's
works, and extracted no fewer than 267 opinions,
which they declared to be partly heretical and
partly erroneous, which they transmitted to the
primate, who sent them to the Pope, with a re-
quest to condemn them, and grant him authority
to take the body of Wicklifte out of the gi'ave,
and throw it on a dunghill, that it might be
trampled on by all Christians. The Pope con-
demned Wickliffe's doctrines, but refused to
grant the primate permission to disturb his
ashes f.
Though Henry IV. died March 30, A. D. Lord cob-
1413, the power of the primate was not dimi- ta^cTed"
nished, nor the persecution of the Lollards in the
• Fuller's Church Hist, book 4. p, 164.
f Wilkin. Concil. toin. 3. p. 339 — 353.
14 HISTORY OF BRITAIN. Book V.
Cent. XV. least abated ; the clergy having taken great pains
^'"^'^^""'^ to train the favom* of his son and snccessor
Henry V. The Archbishop, secure of the sup-
port of the crown, now detennined to attack Sir
John Ohlcastle, Lord Cobham, who was at the
head of the party, in order to strike terror into
the rest. Soon after the coronation of Henry V.
a parhament met at AVestminster, and a convoca-
tion at St Paul's. At this convocation, a copy
of each of Wickhffe's works was XDubhcly burnt,
with great solemnity, by the primate, in presence
of the nobility, clergy, and people. It happened
that one of the books burnt on this occasion had
belono'ed to Lord Cobham, who was also accused
by the proctors of the clergy as the great encou-
rager of the Lollards, and was therefore summon-
ed to appear before tlie convocation*.
The King Tlic primatc, upon second thoughts, did not
withTord think it proper to proceed any further against a
Cobham. p^gon of sucli high rank, and so renowned for liis
valour and virtues, till he had consulted the King,
and obtained his permission to proceed. The
King desired the primate to delay the prosecu-
tion for some time, andpromised to converse with
Lord Cobham, and endeavour to persuade him to
renounce his errors. Accordingly he had a pri-
vate conversation with him, and laboured very
earnestly to prevail upon him to return to the
faith and obedience of the church. He answered
in terms of the highest respect, but spoke with so
• Fox, p. 514. Wilkin. ConciHa, p. 353.
Chap. 2. RELIGION. I5
much freedom of the Pope as antichrist, that the Cent. xv.
King was disgusted, and gave him up to the will
of the clergy *. The primate, having obtained the
royal permission, proceeded with great vigour
against Lord Cobham ; who having disregarded
three successive summonses, was declared con-
tumacious, and excommunicated. In the mean
time he was apprehended, and imprisoned in the
tower of London, and brought from thence be-
fore the primate, assisted by several bishops and
doctors, September 25. The primate narrated to
him all the steps that had been taken in his affau%
that he had been declared contumacious, and ex-
communicated ; but that, on desiring it, he was
ready to grant him absolution. Lord Cobham,
taking no notice of this offer, said, he was very
willing to give them an account of his religious
principles ; and, pulling a paper out of his bosom,
read it as the confession of his faith, and then
delivered it to the Archbishop. The following
is a copy of that curious paper, that may be sup-
posed to contain the sentiments of the most in-
telligent Lollards, cautiously expressed, in the
language of that age.
" I John Oldcastell, knyght, Lord of Cobham,
" Wole, that all Cristyn men wyte and under-
" stond, that I olepe Allmyghty God in to wyt-
" ness, that it hath ben, now ys, and ever, with
" the help of God, shall ben myn entent, and
" my wylle, to beleve feythfully and fully all the
• Wilkin. Concilia, p. 355.
(t
IQ HISTORY OF BRITAIN. Book V
Cent. XV. « sacramentis that evyr God ordcyned to be do in
holy churche ; and, more over, for to declare
" me in these foure peyntes : I beleve, that the
" most worschipfuU sacrament of the auter is
" Christes body in forme of bred, the same body
" that was born of the blyssyd Virgyne our Lady
" Seint JMarye, don on the cross, deed and bmyed
" the thrydde day, ros fro deth to lyf, the wycli
" body is now glorified in hevene. Also, as for
" the sacrament of penance, I beleve, that it is
nedfuU to every man that shall be saved, to for-
sake synne, and do due penance forsynnebifore
*' doon, wyth trewe confession, very contrition,
" and duhe satisfaction, as Goddes law lymitetli
" and techeth, and ellys may not be saved.
" Whych penance I desir all men to do. And
" of as ymages I understonde, that thei be not of
" belive, but that thei were ordeyned syth the
" belive was zew of Crist be suflFeraunce of the
" churche, to be kalenders to lewed men, to re-
" present and brynge to mynde the passion of our
" Lord Jhesu Crist, and martirdom and good
" ly vying of other seyntis ; and that who so it be
" that doth the worschipe to dede ymages, that
" is duhe to God, or putteth seych hope or trust
" in help of them, as he shuld do to God, or hath
" affeccion in one more than in an other, he doth
" in that the grete sin of mawmentrie. Also I
" suppose this fully, that every man in this erthe
" is a pilgrime towarde blyss, or toward peyne ;
" and that he that knoweth not, ne wole not
" knowe, ne kepe the holy commandementes of
Chap. 2. RELIGION. tf
" God in his lyvjdng here, al be it, that he goo ^^"*- ^'^•
" on pylgrimage to all the world, an he dy so, he ^""^''''"^
" shall be dampned ; and he that knoAvyth the
" holy comandementys of God, and kepeth hem
" hys end, he shall be saved, tho' he nevir in hys
" ly ve go on pilgrymage, as men use now, to Can-
*' tirbury or to Home, or to any other place*."
The primate, after consulting with the bishops ^°^^^^
and doctors, told Lord Cobham, that several
things in his paper had a good and catholic
appearance ; but that it was not sufficiently ex-
plicit on any of the four heads, of the eucharist,
confession, images, and pilgrimages. For his
instruction, therefore, he gave him the following
paper, containing the doctrine of the church on
these subjects, and allowed him two days to con-
sider it. " The fayth and the determination of
" holy churche touchyng the blissfull sacrament
" of the auter is this : That after the sacrament-
" all wordes ben sayde by a prest in hys masse,
" the material bred that was bifore, is turned
" into Cristis verray body ; and the material
" -wyn that was before, is turned into Crystes
" verray blode ; and there leweth in the auter
" no material brede, ne material wyn, the
" ^^xh wer tlier byfore the seying of the sacra-
" mental wordes : How lyve ye this article ? —
" Holy churche hath determyned, that every
'* Cristen man lyving here bodilich in erthe,
" oughte to schryve to a prest ordeyned by the
• Wilkin. Concilia, p. 354, 355.
VOL. X. C
18 HISTORY OF BRITAIN. Book. V.
Ccnu XV. " churche if he may come to hym : How fele ye
^"^y^""^ " this article ? — Crist ordeyned Seint Petir the
" apostell, to ben his vicarie here in erthe ; whos
" see ys the church of Home, ordynying and
" grauntying the same power that he gaf to Petir
" shuld succede toallPetir'ssuccessours;thewych
" we c^llyn now popes of Rome ; by whose power
*' in chm-ches particuler special ben ordeyned
" prelates, as archbyshoppes, byshoppes, curates,
" and other degrees, to whom Cristen men
" oughte to obey after the lawes of the churche of
" Rome. This is determination of holy churche :
*' How fele ye this articull ? — Holy church hath
" detennined, that it is needfull to a Cristyn man
" to goo a pylgrymach to holy places, and there
" specially to worship holy reliques of seyiites,
*' apostelys, martyrs, confessours, and all seyntes,
" approved be churche of Rome. This is deter-
" mination of holy churche : How fele ye this ar-
" ticule * ?" Such strange things our ancestors,
in the fifteenth century, were obliged to believe,
under the pain of being burnt to ashes !
Lord Cob- Lord Cobham was brought before the primate,
demned!" bishops, aud doctors, on Monday September 25 ;
and having again and again refused to profess his
belief of the several articles contained in the paper
that had been given him two days before, the
Archbishop, modestly, mildly, and sweetly (as he
says himself) pronoimced a sentence of condem-
nation against him, as an obstinate heretic, and
• Wilkin, Concil. p. 3.14. 355.
Chap. 2. RELIGION. 1^
delivered him over to the secular arm ; the mean- ^e"'- ^v.
ing of which was perfectly well known*. At this ^''"'*''— ^
last examination, which was very long, Lord
Cobham behaved with great intrepidity and pre-
sence of mind, and frequently put the whole
court to silence by the quickness and propriety
of his speech. As soon as the sentence of con-
demnation was pronounced, he fell on his knees,
and put up a fervent prayer to God to forgive his
enemies ; after which he was carried back to his
prison in the Towerf .
Thouffh the kin^ was offended with Lord Cob- ^scapes
^ ^ '-' _ from the
ham for his opposition to the church, he still Tower,
esteemed him for his valour ; and therefore de-
layed his execution, in hopes of bringing him to
recant. His condemnation was also very unpo-
pular, and had brought a general odium upon his
judges ; which made the primate consent to,
or, as some say, desire this delay ; which gave
the prisoner an opportunity of escaping from the
Tower, and flying into Wales, where he con-
cealed himself several years:]:.
Archbishop Arundel, whose character is suffi- Jr^n^"/
ciently indicated by his conduct, died Febuary succession
19, A.D 1414, and was succeeded by Henry ley.
Chicheley, Bishop of St David's, who was elect-
ed by the monks of Canterbury on the King's
recommendation. Pope John XXIII., though
in a very ticklish situation himself, contending
with two anti-popes, disannulled that election,
• Wilkin. Concil. p. 354, 355. f See Fox, p. 516, &c.
I Walsing. p. 385
20 HISTORY OF BRITAIN. Book. V.
^^^^' as an encroacliment on his right of nomina-
tion ; but not daring to disobh^e the King:
and clnnx'li of England too much, he nomi-
nated the same person who had been elected*.
On receiving his pall from the Pope, July 29,
he took an oath of canonical obedience in
such strong terms, that it rendered him more
the subject of that pontiff, than of his natural
sovereign f .
Law The new primate was as oTcat a persecutor of
against ixnii- i
Lollards, the Liollards as his predecessor. It was probably
by his influence that a very severe law was made
against them by the parliament at Leicester,
A.D. 1415. By that law, all former statutes
against them were confirmed ; and it was fur-
ther enacted, That the chancellor, the judges of
both benches, and of assize, all justices of the
peace, sheriffs, mayors, and bailiffs, should take
an oath at their admission to their offices, to do
every thing in their power to extirpate all Lol-
lards out of the kingdom, and to assist the or-
dinaries in prosecuting Lollards |.
Abusciin ^^ ^j^g kiug-'s commaud, the university of
the church ^ "^
Oxford drew up a catalogue of those abuses
in the church that needed reformation, to
be laid before the council of Constance.
This catalogue consists of forty-six articles,
and, though it was composed by clergymen,
gives a most odious picture of the manners of
the clergy at this period, particularly of their
* Antiq. Britain, p. 276. f Diich. Vita Chicheley, p. 12.
^ Statues at large, an. 1415. Wilkin, p. 355.
>,
Chap. X. RELIGION. 21^
avarice and debaucheiy. Of each of these it ^^"^' ^'^•
wU be sufficient to give one example. In the ^^'v'""'
twenty-seventh article it is said, " It is notorious,
" that when a Pagan or a Jew, abandoning his
" former errors, desires to be purified in the holy
" fount of baptism, all his temporal goods are
" confiscated to the church ; which, it is beheved,
" prevents many Jews from being baptised. It
" would be pious and meritorious in the council
" to remedy this abuse. For when Philip bap-
" tised the eunuch, he did not seize his chariot,
" or the other goods he had about him, at his
*' baptism." The thirty-eighth article repre- ^
sents, " That the carnal and debauched lives of
" the clergy in our days and their pubhc forni-
" cations, which are never punished ( except by
" a small fine in private), set an evil example
" before others ; it woidd therefore be a holy
" thing, and contribute to the reformation of the
" church, if priests, of every rank and order, who
" were public fornicators, were obliged to abstain
" from celebrating mass for a limited time*."
The primate attempted, about this time, to re- Barbers re-
form another order of men, the barber-surgeons,
and published a decree in all the churches of his
province, forbidding them to keep their shops
open on the Lord's day ; which, by a strange mis-
take, he described in this manner : " The Lord's
" day, viz. the seventh day of the week, which
" the Lord blessed and made holy, and on which,
* Wilkin. Concil. p. 360— S65.
23 HISTORY OF BRITAIN. Book. V.
Cent XV. if jifter his six days' works, he rested from all his
' " labour*."
Persecu- But the I^ollards were tlie great objects of the
liatred and discipline of the church in this period.
One John Clay don, a furrier in London, together
with certain Knglish books found in his house,
was brought before the primate, and several
bishops and doctors, August 17, A.D. 1415, by
Thomas Fauconer, mayor. He was accused of
being a relapsed heretic ; and confessed, — that
he had been long suspected of Lollardry; — that
he had been imprisoned for it two years in Con-
way castle, and three years in the Fleet, near
London; — and that he had abjured it before the
late primate. To prove that he had relapsed,' the
English books found in his house were produced
by the mayor; particularly one, called The
Lanfe?'?ie ofLig/ify which, he said, was the vilest
and most perverse book he had ever seen. Three
of the servants were brought to give evidence,
that their master used to hear people read these
books to him (as he could not read himself) ;
and that he seemed to approve of what he heard.
The Archbishop appointed the examiner-general
of Canterbury to examine the witnesses, and
certain doctors to examine the books, and then
adjourned the court to the 19th of the same
month. On that day the depositions of the wit-
nesses were produced, bearing, That they had
often heard one John Fuller read these English
• Wilkin. Concii. p. S6S.
Chap. 2. RELIGION. 23
books, particularly the Laiiterne of Light to c^"*- ^v.
their master ; and that he seemed to be highly
delio-hted with what he heard. The doctors who
had examined the books declared, that they
were full of heresies ; and that the Lanterne of
Lidit contained no fewer than fifteen. The
Archbishop then condemned the books to be
burnt, and pronounced John Clay don a relapsed
heretic, and delivered him to the secular arm* In
consequence of tliis sentence he was conducted to
Smithfield, and there committed to the flames. General
It would be tedious to relate the trials of all the tion of "
Lollards during the primacy of Archbishop ^°""^
Chicheley. By one of his constitutions, A. D.
1416, three of the most respectable inhabitants
of every parish were solemnly sworn to make
diligent inquiry if there were any Lollards or
any suspected of Lollardi-y, or any who had Eng-
lish books in their houses, or had any thing sin-
gular in their way of living, within their parish,
and to send an account, in writing, to the arch-
deacon twice every year, of their names, and aU
other circumstances f. By this constitution a
strict search after Lollards was set on foot, pro-
digious numbers of them were detected, thrown
into prison, and cruelly harassed and persecuted.
But it must be confessed, that they generally
fainted in the fiery trial, and chose rather to be
hypocrites than martyrs.
Immediately after Lord Cobham's escape out Execution
of the Tower, a proclamation was issued, January cobham.
• Wilkin. Concil. p. S71— 374. t ^^- 'bid, P- S78.
24 HISTORY OF BRITAIN. Book V.
Cent. XV. 11, A. D. 1415, offering a reward of 1000 mai'ks
^"""y^ IQ any who should apprehend him, 500 marks to
any who shoidd give information of the place of
his retreat, and exemption from all taxes for ever
to the inhabitants of any city, town, or village,
who should seize him*. All these tempting
offers produced no effect for several years |. But
at length he was apprehended, after some resisi^
ance, by the Lord Powis, in December A. D.
1418, and brought to Westminster, where a par-
liament was then sitting, by which he was con-
demned, on his former sentence, to be strangled
and burnt. This sentence was, accordingly execut-
ed at Tyburn ; and the death of this great man
proved a great discouragement to the Lollards.
Affairs of lu the tlircc last years of the reign of Henry V.
meliu""'' the English were so eagerly engaged in pushing
their conquests in France, that their ecclesiastical
annals consist almost entirely of the trials of here-
tics, and other matters of little moment :j:. It is
remarkable with how gentle a hand the prelates of
this period touched the article of reformation, for
which there was so loud a call. In a convocation
of the clergy of the province of Canterbury,
May 5, A. D. 1421, a decree was made, " That
*' a bishop's barber should not demand a fee
" from those who received holy orders from the
" bishop §."
Haughti- The great long schismi in the papacy had very
Pop^ ^^^ much diminished the papal power and pride. The
• Rym, Foed. torn. 9. p. S9. f ^o*' P- ■59-
\ Wilkin. Concil. p. 390—417. § Id. p. 399.
Chaps. RELIGION. 25
several contending popes dared not to treat the cent. xv.
princes and nations in their communion with their
usual insolence, for fear of a revolt. But that
schism being now nearly healed, and Martin V. in
full possession of the papal chair, he began to re-
vive the most extravagant claims of his haughtiest
predecessors, and to talk in the most imperious
strain to the greatest princes and prelates. The
several buUs which he directed to the Archbishop
of Canterbury, and to the King and parliament
of England, in the years 1426and 1427, concern-
ing the law called 'premunire, which prevented
the popes from disposing of all the benefices in
the kingdom at pleasure, afford a striking proof
of this fact. In these bulls he treated the Arch-
bishop with great asperity, and gave him the most
opprobrious names, for suffering that detestable,
execrable, abominable law (as he caUed it) to
subsist so long. He treated the King and parHa-
ment very little better ; telling them plainly that
he was constituted by the Lord Jesus Christ su-
preme head over them and the universal church ;
giving them broad hints, that if they did not
repeal that odious statute, they would all be
damned ; and promising, if they repealed it, to
be very good to them, and not oppress them very
much. The primate, to regain the favour of the
Pope, went, attended by the other prelates, to
the house of commons, and, with many tears and
prayers, intreated them to consent to the repeal
of the obnoxious act "*. But the hard-hearted
• Wilkin. Coucil; p. 471 — 487.
26 HISTORY OF BRITAIN. Book V.
Cent. XV. commons remained unmoved by all his tears and
^"^^^"""'^ prayers.
croisade The opinioHs of Wickliffe were not confined
against the . i • , • aI^^ • n
Bohemi- to his native country, but were more universally
*°'* adopted in some other places, particularly in Bo-
hemia, than in England ; which greatly alarmed
the court of Rome. The Pope, therefore, pub-
lished a bull, A. D. 1428, and sent it into Eng-
land, as well as into other countries, commanding
solemn processions to be made, on thefirst Sunday
of every month, in all churches and church-yards,
in order to draw down the vengence of Heaven
on those heretical Bohemians ; and promising
sixty days' indulgence to all who attended these
processions, or who saidtwenty-^Ye pater-nosfe/'s
with the same pious intention*. His Holiness,
not trusting entirely to supernatural interposition
for the destruction of the enemies of the church,
proclaimed a croisade against the Bohemians,
granting the pardon of all their sins, and the hap-
piness of heaven, to all who died on that expedi-
tion ; and a certain quantity of indulgences to all
who contributed to its success, in proportion to
the value of the contribution f. Many of the
English engaged in that croisade, which was
conducted by the Cardinal of Winchester.
^"i°ht '^^^^ clergy, in their convocations in this period,
prohibited, somctimcs meddled with things that seem to have
been a little out of their road. In the convention
of Canterbury, A. D. 1430, it was represented,
that some merchants bought certain goods by
* Wilkin. Concii p. 492. f Id. p. 511.
Chap. 2. RELIGION. 27
the aimcil weight, and sold them by avoirdupois <^*"* ^^•
weight, which was lighter. The convocation
therefore made a canon, That no person should
use the auncil weight under the penalty of the
greater excommunication*.
Martin V. Avas, with great difficulty, prevailed council of
upon, or rather compelled, to call a general covm-
cil, according to his own promise, and a decree
of the council of Constance ; and appointed Ju-
lian, Cardinal of St Angelo, to preside in it in his
name. But the Pope died February 20, (before
the council met at Basil, July 19, A. D. 1431,)
and was succeeded by Gabriel Condolmicas, a
Venetian, who took the name of Eugenius IV.,
and confirmed the nomination of Cardinal Julian
to preside in the council. In the second session,
February 15, A. D. 1432, the council decreed, — •
That a general council, when sitting, was su-
preme head of the church, to whose censure all
persons (the Pope not excepted) were subject; —
and that the Pope could not dissolve a general
council without the consent of the members. The
Pope, irritated at these decrees, published a bull
of dissolution ; at which the fathers at Basil
were so much offended, that tliey threatened to
depose him, and elect another pope, if he did
not recall his bullf. AVhen affairs were in this
distracted state, the Archbishop of Canterbury
called a convocation of the prelates and clergy
of his province, November 7, A. D. 1433, and
• Wilkin. Concil. p 616. f Dii Pin, eeiU. 15. tli. S.
28 HISTORY OF BRITAIN. Book V.
Cent. XV. proposed the following questions to the repre--
^""^^"""^ sentatives of the clergy in the lower house: Hath
tlie Pope power to dissolve a general council ?
Hath the coinicil of Basil power to depose Pope
Eugenius ? If that council depose Eugenius, and
elect another, will you adhere to him, or to the
Pope cliosen by the council ? After requesting
some days to deliberate on these questions, they
returned the following answer, by their prolocu-
tor Thomas Bikyngton. The Pope hath power
to dissolve a general council : The council hath
not power to depose Pope Eugenius : If that
council depose Pope Eugenius, we will still obey
him as lawful Pope*. One thing that engaged
the English clergy to embrace the party of the
Pope against the council was this : in the coun-
cil of Constance, the members deliberated, and
voted by nations ; and the English had one en-
tire vote : but in the council of Basil the mem-
bers were divided into four deputations, each of
which was composed of persons of different na-
tions ; and the English, being few, and divided
into the different deputations, were lost in the
crowd, and bad little influence in the council.
Of this they sent home grievous complaints;
which irritated the English clergy against the
council, and made them desire its dissolution f.
Negoda- The Bohemians having proved victorious in
iliTBohe- the field over the Emperor Sigismond, and all the
princes and prelates who had engaged against
• Wilkin. Concil. p. S23. f Id. ibid.
mians.
Chap. 2. RELIGION. 29
them, the council of Basil entered into a kind of ^^^^ ^^•
negotiation with them. The Bohemian deputies ^"^^'^'""^
proposed certain points of reformation, which, if
the council granted, they promised that they and
their countrymen would return to the commu-
nion of the church. The Archbishop of Canter-
bury, having received intelligence of this nego-
tiation, proposed this question also to his clergy
in the same convocation : Whether any conces-
sions, or what concessions, might be made by the
council of Basil to the Bohemians, to bring them
back to the communion of the church ? To this
question the clergy returned this answer : That
if the Bohemians required, that the communion
should be given in both kinds to the laity, that
all priests and. deacons should have authority to
preach, that temporal offices should not be enjoy-
ed by the clergy, and that all notorious criminals,
without distinction, should be punished, (which
were the four things chiefly insisted on by the
Bohemians,) they should be denied ; and, in a
word, that no concessions whatever should be
made to such perverse heretics*. Such deter-
mined enemies were the clergy of England, at
that time, to all reformation.
The persecution of the Lollards was still car- Persecu-
ried on with unabating violence. William Tay- Loiirrds.'^
lor, a clergyman, was condemned by Archbishop
Chicheley, and burnt in Smithfleld, A. D. 1423,
for maintaining this heresy (as it was called),
" Tliat prayers for spiritual gifts were to be made
• Wilkin. Concil. p. 323.
30 HISTORY OF BRITAIN. Book V.
Cent. XV. « ^Q QqjJ aloHG ; aiicl that to pray to creatures
" was idolatry." The unhappy man, in hopes
of savino- his life, admitted, " That an inferior
" kind of worship might be paid to saints ; and
" that their merits and intercessions were profit-
" able both to the dead and the living*." But
that gave no satisfaction. Father Abraham of
Colchester, John White, and John Waddon,
priests, were also committed to the flames for
the same crime of LoUardryf . Many were con-
demned to perpetual imprisonment, to severe
flagellations, and a variety of other punishments.
twTen'the'" ^hc coutcst bctweeu the Pope and the coun-
Pope and cil of Basil Still contiuucd, and became g-raduallv
council. <^ -^
more and more violent. Eugenius published a
bull, translating the council of Basil to Ferrara,
A. D. 1437 ; and commanded the Archbishop of
Canterbury, and all the clergy of England who
had a right to be members of a general council,
to attend him at Ferrara. But though the pre-
lates, abbots, and priors, as well as the civil go-
vernment of England, favoured the Pope in this
quarrel, the inferior clergy in convocation, obsti-
nately refusing to contribute one farthing to the
expences of representatives, it is probable that
very few were sent^. The Pope deprived and
excommunicated all the members of the council
at Basil, which was very numerous, and support-
ed by almost all the princes of Europe ; and that
council very soon returned the compliment, by
» Wilkin. Concil. torn. S. p. 404 — 413. Fox, p. 606.
t Id. p. 607. f Wilkin. Concil. p. 525, Sec.
Chap. 2. RELIGION. 31
suspending the Pope from the exercise of his of- ^^"*- '^^•
fice, and excommunicating all the members of
his council. At length the council of Basil de-
posed Eugenius, A. D. 1439, and elected Ama-
deus Duke of Savoy (who had resigned his do-
minions, and lived in retirement,) to be pope ;
which produced another schism in the church ;
and the two popes, as usual, cursed and excom-
municated one another, and their respective fol-
lowers*. But as the church of England took
very little part in this quarrel, it would be a di-
gression to pursue the history of it any further.
Archbishop Chicheley died April 12, A. D. ^^'cfbisLp
1443, after he had been primate twenty-nine chkheiey.
years. He was learned for the age in which he
flourished, and an encourager of learning. INIar-
tin y. and his own haughty suff"ragan, the rich
Cardinal of Winchester, treated him harshly on
some occasions ; but, being a prudent man, he
had the wisdom to submit, when he had not the
power to subdue. He was a cruel persecutor of
the I^ollards ; but doth not seem to have been so
fond of burning them as his predecessor ; ob-
serving, that those scenes of horror excited com-
passion for the sufferers, and indignation against
their persecutors f. He was succeeded in the
primacy by John Stafford, Bishop of Bath, a son
of the Eari of Stafford.
A violent contest had arisen between the cler- Pet'^'on of
the clergy
gy and the common lawyers, about the meaning to parlia-
ment
• Du Pin, Cent. XV. cli. 3.
f Ducli. Vita Chicheley, p. 47, 48. Wilkin. Concil. p. 537.
32 HISTORY OF BRITAIN. Book V.
Cent. XV. of a siiigle word in the famous statute of premu-
^"^y""'^ yjjj-e Iji that statute it was enacted, " If any
" purchase or piu'sue, or do to be purchased or
" pursued, in the court of Home, or elscAvhere,
*' anv such transactions, processes, and sentences
" of excommunication, bulls, instruments, or any
" other things which touch the King, against
*' him, his regality, or realm," &c. they shall in-
cur the penalties in the statute. By the court
of Rome, or elsewhere, the clergy understood the
court of Rome, whether it was at Rome or any
other place; but the common lawyers understood
the court of Rome, or any other court; and when
any spiritual court in England presumed to judge
any cause that did not strictly belong to them,
the courts at Westminster not only granted pro-
hibitions, but punished the spiritual judges, as
in a premunire*. The two archbishops, with all
their suffragans and clergy, presented a petition
to parliament, A. D. 1447, earnestly entreating
an explanation of the word elsewhere, in the sta-
tute of the 16th Richard II., agreeable to their
views. In this petition they complain bitterly
of the presumption of the courts at Westminster,
in pretending to be the sole interpreters of acts
of parliament, affirming that the spiritual courts
had as good a right to, and were much better
qualified for that office f. But the parliament
paid no regard to their petition.
The Pope The popcs iu this period considered all the cler-
rose to the gy hi the Christian world as their immediate sub-
King.
• See Ruffhead's Statutes, vol. 1. p. 406. f "Wilkin. Concil. p. 5SS.
Chap. 2. RELIGION. gg
jects, on whom they might impose wliat taxes they Cent. xv.
pleased. But though the clergy had a great ve- ^'^'^^'^"'^
neration for the Pope,many of them had a greater
veneration for theu' money ; which obliged the
court of Rome to call upon kings and princes to
compel these refractory ecclesiastics to pay their
taxes. Pope Eugenius having imposed a tax of
one-tenth of their benefices on all the clergy of
England, and suspecting that they would not be
very fond of paying it, he sent, by his collector,
a consecrated rose of gold, with a bull, to Hen-
ry VI. In this bull his Holiness magnified the
honour he had done to the King, by sending him
so precious a present, and explained the myste-
rious meanings of the rose : nor did he forget to
exhort him to use all the authority he had over
the clergy, to make them pay the tax pleasantly,
which (he said) would be a great advantage to
him and his subjects. The rose was received
with great ceremony ; and the primate, who was
also chancellor, made a long and eloquent .speech
to the Pope's collector, on the beauties and
virtues of the rose : but on the tax he was rather
dry, telling him only, that the King would send
some persons to converse with his Holiness on
that subject, and forbidding him to collect any
money in England till they returned. *
The foreign and domestic disorders and cala- Succession
mities in which the English were involved at this ^^^^J
time, render their ecclesiastical history as barren
and unimportant as their civil history is copious
• Wilkin. Concil. p. 548.
VOL. X. D
^4 HISTORY OF BRITAIN. Book V.
■Cent. XV. and interesting. Archbishop Stafford died, A. D.
^ '"^ 1452, and was succeeded by Jolni Kemp, Arch-
bishop of York, and Cardinal of St Balbina, who
enjoyed thcprimacy only about eighteen months;
and on his death, Thomas Bourchier Bishop of
Ely, and brother to the Earl of Essex, was ad-
vanced to that high station*
Trial of Reginald Pocoke, Bishop of Chichester, had
coke.**^ "" been patronised and promoted by Humphrey,
the ffood Duke of Gloucester ; but after the
death of that prince the clergy became clamo-
rous against him, accusing him of many heresies.
At length Archbishop Bourchier commanded
both the Bishop and his accusers to appear be-
fore him, by a citation, dated at Lambeth, Octo-
ber 22, A. D. 14571. The Bishop was examined
several times by the primate, assisted by other
prelates and doctors, and was at last prevailed
upon, by threats and promises, to recant. The
accounts we have of the trials and tenets of
Bishop Pocoke are confused and contradictory ;
but the opinions he acknowledged he had held,
and which he recanted, were these following :
" We are not bound, by the necessity of faith,
" to believe that our Lord Jesus Christ, after his
" death, descended into hell. — It is not neces-
" sary to salvation, to believe in the holy catholic
" church. — It is not necessary to salvation, to
" believe the communion of saints. — It is not
" necessary to salvation, to affirm the body of
" Christ is materially in the sacrament. — The
• Antiq. Britan. p. 298. t ^o^» P- *^''
Chap, 2. RELIGION. 35
** universal church may err in matters which per- Cent xv.
" tain unto faith. — It is not necessary unto sal- ^"■'"^^"— '^
" vation, to believe that that which every general
" council doth universally ordain, approve, and
** determine, should necessarily, for the help of
" oiu faith and the salvation of our souls, be ap-
" proved and holden of all faithfid Christians*."
For having maintained these opinions, though
he now renounced them, this prelate was depriv-
ed of his see, and doomed to spend the rest of
his days in retirement, if not in prison.
The taking^ of Constantinople, the capital of Croisade
'-^ ■'--'- against the
the eastern empire, IMay 29, A. D. 1452, by ^la- Turks.
homet II., Emperor of the Turks, alarmed all the
Christian princes and states of Europe. But
these princes and states were so much engaged
in war, that they could not be brought to unite
against the common enemy; and the clergy were
left to fight with theu spiritual vs^eapons against
those adA^ersaries of the Christian faith. Arch-
bishop Kemp pubhshed, IVIarch 2, A. D. 1453,
an order for processions to be made for a whole
year ; and in this he was imitated by his succes-
sor f. For in those times processions were believ-
ed to be the most effectual means of procuring
the divine favour and assistance. At length Pope
Pius II. (formerly vEneas Silvius) pubhshed a
long, eloquent, and pathetic bull, A.D. 1468, en-
gaging to march in person at the head of a Chris-
tian army, against the Turks, and most earnestly
exhorting all Christians to take the cross, or to
• Fox, p. i6I, f Id. ibid. Wilkin, Concil. p, 563.^72.
36 HISTORY OF BRITAIN. Book V.
Cent. XV. contribute by their money to the success of the
^^ expedition: promising the ])ardon of sin, and the
happiness of lieaven, to all who complied with
his desire*. At the same time the Pope sent
bulls into every Christian country, imposing a
tax of one-tenth on the benefices of all the cler-
gy. Edward TV. who then reigned in England,
not willing to acknowledge the Pope's right to
tax his clergy, and yet desirous that tliey should
contribute liberally on this occasion, wrote to the
primate, to raise a handsome sum by a voluntary
assessment, which would satisfy the Pope, and
prevent the pid)lication of his bull. This me-
thod was pursued : but so little were the clergy
disposed to part with their money, that it was
with much difficidty the primate prevailed upon
them to grant sixpence in the pound f.
Charter of Edward IV. soon after his accession, being ear-
Edward "
IV. nestly desirous of the support of the clergy, made
a most im warrantable stretch of his prerogative
in their favour, by gTanting them a charter, which
rendered them almost entirely independent of
the civil government, and left them at liberty to
do what they pleased. By tliat charter he took
upon him to dispense with the famous statute of
premunire, which no entreaty could ever per-
suade the parliament to repeal; and he discharg-
ed all civil judges and magistrates to take any
notice of any treasons, murders, rapes, robberies,
thefts, or any other crimes committed by arch-
bishops, bishops, priests, deacons, or any person
• Wilkin. Concil. p. 587— ,593. f Id. p. 554, &c.
\
Chap. 2. RELIGION. 37
ill holy orders. Nay, if any person apprehend- *^^°*- ^^'•
ed for a crime pretended that he was in or- ^'"^^"""^
ders, though no such thing had ever been heard
of, the civil magistrate was commanded to deli-
ver him to the bishop or his official, to determine
wheth.er he was in orders or not ; which opened
a door for the most gross abuses*. So shameless
were the claims of the clergy in those times, and
so extravagant were the concessions of princes in
their favour, when they stood in need of their
assistance !
INIany of the clergy (if we may believe Arch- Profligacy
bishop Eourchier) made a very bad use of this "le^v.
exemption from civil authority. That prelate,
in a commission he granted to his commissary-
general, to attempt some reformation, says, that
many of the clergy, both secular and regular,
were ignorant illiterate blockheads, or rather
idiots ; and that tliey were as profligate as they
were ignorant, neglecting their cures, strolling
about the country with bad women in their
company, spending the revenues of their bene-
fices in feasting and di'inking, in fornication and
adultery f.
The long and cruel persecution which the one burnt
IjoUards had endured, seems either to have di- ^""^ ^'^^'^y-
minished their number, or shaken their constan-
cy, or perhaps both ; for we only hear of one
person wlio was burnt for heresy in the reign of
Edward IV., when the church was most vigor-
ously supported by the secular arni|.
• Wilkin. Concil. p. 583. f Id. p. 573. \ Fox, p. 659.
^ triStORY OF BRITAIN. Book. V.
Cent. tv. A violent dispute was carried on, in tlie reign
^^^P^i^ of Edward IV., between the secular clergy and
between thc begmng friars. These last maintained that
the secu* <^*" c
lars and Jcsus ChHst had been a beggar, and that they,
regu ars. ^^ ^^^^ accovint, wcrc liis greatest favourites, and
intitled to the peculiar regard and bounty of the
faithful. The seculars, perceiving the design and
tendency of that doctrine, declaimed and wrote
against it with gTeat vehemence, as false and im-
pious. At last Pope Calixtus II. published a bull
against the INIendi cants, A. D. 1475, declaring
their doctrine to be heretical*.
Convoca. Though the convocations of the province of
York. York generally adopted or imitated the constitu-
tions of those of Canterbury, yet they sometimes
made constitutions of their own that were sino-u-
lar and curious, of which it may be proper to give
one example. In the convocation of the province
of York, held by Archbishop Neville, A. D. 1466,
several remarkable canons were made. By the
first canon, every parish priest is commanded to
preach fom' times in the year to his people, either
himself or by another, and explain to them in
English, without any fantastical subtilties, — the
fourteen articles of faith, — the ten precepts of
the decalogue, — the two precepts of the gospel, —
the seven works of mercy, — the seven mortal sins,
— the seven principal virtues, — and the seven sa-
craments of grace. To enable the clergy to per-
form this task, the convocation subjoined an expla-
nation of each of these particulars, which forms a
system of the Catholic theology of the fifteenth
• Fox, p. 659. Fuller, p. 132.
Chap. 2. RELIGION. 3<j
century, not a little curious, but far too long to be Cent xv.
here inserted. In the explanation of the ten pre- ^""y"'"^
cepts of the decalogue, the ftrst commandment is
said to be a prohibition of aU enchantments, su-
perstitious characters, and such figments ; the
second is entirely omitted ; and to keep up the
number, the tenth is divided into two. This was
using no Httle freedom with a system of laws
which they acknowledged to be divine. So per-
fectly pure were the members of this convoca-
tion, that they would not give any explanation of
luxury (one of the seven mortals sins), for fear of
corrupting the ah*. But they are still more distin-
g-uished for the prodigious desii'e they discover to
preserve the poor laity from being damned for not
paying their tithes punctually and fully to the
church ; and that they miglit not be guilty of any
omission in a matter so essential to salvation, they
give they a most complete catalogue of tithable
subjects*. The canons made by that convocation
contain several other remarkable particidars.
The minds of men were so much engaged and Petition of
agitated by the sudden and surprising revolutions ^ ^ ^'^''
that took place in the short reigns of Edward V.
and llichard III., that they seem tohavepaid httle
attention to ecclesiastical affau:s. The clergy of
both provinces in convocation, presented a suppU-
cation to Richard, complaining, that the clergy
*' were cruelly, grievously, and daylye troubled,
" vexed, indighted, and arrested, by malicious
" and evil-disposed parsons. In eschuying of
" which, say they, seeing your most noble and
t Vide Wilkin. Concil. p. 599—605.
40 HISTORY OP BRITAIN. Book V.
Cent. XV. " blessed disposition in all other things, we be-
^""^^^""^ " seech you to take tender respect and consider-
" ation unto the premises, and of yourself, as a
" most catholic prince, to see such remedies, that
" under your most gracious letters patents, the
" liberties of Christ's church and yoiu's may be
" confirmed, and sufficiently auctorised by your
" high court of parliament, rather enlarged than
" dyminished*." Whether the clergy on this oc-
casion used the language of truth or flattery, when
they praised E.ichard for his most noble and
blessed dispositions in all things, maybe doubted;
but it was a language very agreeable to the
royal ear; and they obtained letters patents,
February 23, A. D. 1484, confirming those of
Edward IV., and emancipating them from the
jurisdiction of the King's courtf .
General Tliouoh A^^ickliffc aud his followers detected
observa- *-'
tions. many of the errors, and exposed many of the
superstitious practices of the church in this
period, the clergy obstinately refused to aban-
don any of those errors, or relinquish any of
those superstitions, and persecuted with unrelent-
ing cruelty all v/lio attempted the smallest refor-
mation. The declamations of the Lollards
against the excessive power and riches, and
scandalous lives, of priests, inflamed their rage
against them, and made them reject all their other
opinions, Avithout nuich examination ; and the
laity, in general, were still too ignorant, or too
indifferent, to form opinions for themselves on
* Wilkin. Coucil. torn. 3. p. 61-1. f lil. ibid. p. GIG.
Chap. 2. RELIGION. 41
subjects of that kind. So gi'eat was theopposi- C'^nt. xv.
tion to every thing that had the appearance of re-
formation, that errors and superstitious rites were
multiphed rather than diminished. Transubstan-
tiation was now fully established, and made an
essential article in the creed of every member of
the church. The cup was taken from the laity»
but with gi'eat caution and by slow degTees. The
clergy were first commanded to be at great pains
to instruct the people, " that both the body and
" blood of the Lord Avere given at once, under
" the species of bread, nay, the entire, living, and
" true Christ ; that the wine in the cup was not
" the sacrament, but mere wine, given them (it
" was then given them) to make them swallow
" the bread more easily." The clergy are then
directed " to begin to with-hold the cup in small
" obscure churches, and to exhort the people to
" swallow the bread without chewing, that none
" of it might stick in their teeth*." The
churches were crowded with images of the^'irgin
Mary, and other saints, to which much greater
homage was paid than to the Supreme Being. Se-
veral English saints, as St Osmund the bishop,
the two virgins, St Fridiswida and St Ethelrida,
were canonized in this period, and festivals insti-
tuted to their honoiu'f . The festivals of other
saints, as of St George, St Edward the Confessor,
the Visitation of the Virgin ISIary, were made
double festivals, and many additional ceremonies
aj)pointed to be observed. Great stress was now
• Wilkin. Concil. p. 662, 663. f Id. p. 613.
42 HISTORY OF BRITAIN. Book V.
Cent. XV. laid on pilgrimages, processions, indulgences, con-
^"^'""^ fessions to priests, and their pardons ; and the
people seem to have had a good deal to confess,
and to have stood much in need of pardon. George
Neville, Archbishop of York, enumerates no few-
er than thirty-seven kinds of sin, which none but
the Pope or a bishop could pardon. The first
and greatest of these sins Avas heresy ; the second
was crimen contra naturam, maxime cum hrutis ;
the thirty-seventh, and least in the estimation of
the church, was raising a sedition which endan-
gered a state or city*. In a word, ignorance,
vice, and superstition, seemed to have gained
ground in England in the course of this period,
though the revival of learning, and the refor-
mation of religion, were at no great distance.
Church The church-history of Scotland is as imper-
scoSd^ fectly preserved in this as in the former period.
imperfect, fherc Is sufflcieut evidence that, besides dioce-
san synods, general synods or assemblies were
frequently, if not annually, celebrated f. But
their records were either destroyed at the Re-
formation, with the Ubraries in which they had
been deposited, or were carried away into fo-
reign countries. We have the less reason to
regret the loss of these records, that the canons
of all the national churches in those times were
nearh/ the same, having been either copied from
one another, or dictated by the court of Rome.
• Wilkin. Concil. p. 613.
f A. D. 1420. C<'iigref;ata fuil, apnd Perth, in ecclesiafratrum presdi-
catnrum, synmlis. provinciulis el consilium generule clcri regni Scoti, prout
mori% esl. Wilkin. Concil. tom. 3. p. 397.
Chap. 2. RELIGION. 43
Before the establishment of archbishops and a Cent. xv.
primate in Scotland, one of the bishops was cho- ^^"^'^""^
sen conservator privUegiorum, and presided in
these general assemblies of the clergy*.
Though the bishops of St Andrew's had no g^^^P^ «f
direct authority over the other bishops till to- drew's.
ward the end of this period, they had a kind of
tacit pre-eminence, and were considered as the
first bishops of Scotland, on account of the anti-
quity and opulence of their see. That excellent
prelate Bishop Trail having died A. D. 1401,
Thomas Stewart, Archdeacon of St Andrew's,
nearly related to the royal family, was elected in
his room ; but being a man of a recluse unambi-
tious disposition, declined accepting the office ;
and the chapter refusing to make a new election
Avhile he lived, the King retained the temporali-
ties till his death, A. D. 1404. Gilbert Grienlaw,
Bishop of Aberdeen, was then elected; but
Henry Wardlaw, precentor of Glasgow, being at
the court of Benedict XIII, one of the contend-
ing popes, obtained the vacant see by a papal
provision f .
Wickhffe's followers behigcmeUy persecuted l^^^^''^^
in England, several of them fled into foreign
countries, in hopes of saving their lives without
wounding their consciences. One of them, John
Risby a preacher, fled into Scotland, where he
met with the hard fate he endeavoured to avoid,
and was burnt for heresy A. D. 1407 X-
* Wilkin. Concil. torn. 3. p. 597.
f Spottisvvoode, p. 56. \ Id. ibid.
44 HISTORY OF BRITAIN. Book V.
Cent. w. The kingdom and churcli of Scotland adhered
^ ^""^ lonoer to Benedict XIII. than any other chvirch
at Pertii. or nation. The conncil of Constance havhig de-
posed that pope, and liis rival John XXIII., and
chosen IMartin V., sent the Abbot of Pontiniac, a
celebrated orator and divine, into Scotland, to
persnade the Scots to withdraw their obedience
from Benedict, and acknowledge the pope chosen
by the conncil. The Emperor Sigismund ,sent
letters to the regent and three estates, to the same
pnrpose. This important question was debated
two days, October 2, and S, A. D. 1416, hi a
general assembly at Perth. The Abbot of Ponti-
niac made an eloquent harangue to the assembly,
in commendation of the council of Constance
and IMartin Y., and earnestly intreated them to
acknowledge that pope, and put an end to the
schism in the chiu'ch. Letters were presented
from Benedict XIII., reprobating the council of
C'onstance, and maintaining that he was the only
lawful pope. This cause was favoured by the re-
gent, and strenuously defended by Friar Robert
Harding, an Englishman, who made a kind of
sermon to the assembly, from a text of Scriptiu'e.
But ]Mr John Elwolde, rector of the university
of St Andrew's, founded about four years be-
fore, and some other famous divines, having
proved that the friar had mistaken the meaning
of his text, tliat his sermon was scandalous, sedi-
tious, and heretical, the assembly complied with
the request of the council, and acknowledged
JNIartin V. for their lawful pope*.
* Forduii Scotkion. edit, nearu. vol. 1. p. 1186, &c.
Chap. 2. RELIGION. 45
We have some remains of a general assembly ^^^^' ^v.
or convocation of the clergy of Scotland, that ^IltiCr
met at Perth, July 16, A. D. 1420. It consisted s^'"''^\
assembly
of six bishops, and the procurators of four that at Perth.
were absent ; five abbots, and the procurators of
eight who were absent ; a good many deans,
archdeacons, friars, and the greatest part of the
clergy (says the record) who used to come to ge-
neral assemblies. William Bishop of Dumblane,
being chosen conservator of privileges, presided
in that assembly; the chief design of which seems
to have been, to investigate tlie customs that had
been observed in former times by the several
bishops' courts in tlie confirmation of testaments,
and to ascertain the fees of these courts. This
was done by the declarations, upon oath, of some
of the oldest clergymen in each diocese: and from
these declarations it appeared, that the customs
that had been immemorially and universally used
were these : 1. That the ordinaries in every dio_
cese had been accustomed, time out of mind, to
confirm testaments, and to appomt executors to
those Avho died intestate : 2. To sequestrate the
goods of the defunct, till their testaments were
produced and confirmed : 3. To oblige the execu-
tors both of the testate and intestate to take an
oath de fideli : 4. To oblige them to give an ac-
count of their administration. The fees of court
appear to have been very moderate. These cus-
toms were tlien formed into a canon or laA\^, to
which all the members afiixed their seals, and the
"whole transaction was attested by two notaries*.
* Wilkin. Coiicil. p. ri97.
46 HISTORY OF BRITAIN. Book V.
Councils.
Cent. XV. The eler^ of ScotliUid did not coiicei'n them-
selves much with the councils of Constance and
Basil. During the jitting of the first, they were
in the obedience of Benedict XIII. ; and after
they acknowledged Martin V. they continued in
the obedience of him and his successor Euge-
nius IV., though deposed by the council of Basil.
A Scots abbot, whose name is not mentioned,
distinguished himself very much in the debates
of that council*.
Bishop AVhen James Kennedy, Bishop of Dunkeld,
Kenne y. j^^^gj^jjg^j Popc Eugeiiius and his council at Flo-
rence, A. D. 1444, he was elected to succeed
Henry Wardlaw in the see of St Andrew's.
Bishop Kennedy was nearly related to the King ;
and, happily for his country, had great influence
in all the affairs both of church and state ; as he
was one of the wisest statesmen, and best prelates,
that Scotland ever produced. By his example
and authority, he made as great a reformation in
the church, and the manners of the clergy, as it
was possible to make, while the pernicious power,
absurd doctrines, and superstitious rites, of the
church of Rome remained f.
Convoca- A kind of convocation of the clergy, or rather
Edin- a deputation of the clergy and parliament, con-
sisting of thirty-six persons, met in the manse of
the vicar of Edinburgh, June 28, A. D. 1445.
John Bishop of Brechin was then conservator of
the privileges of the church of Scotland, and pre-
sided in that meeting; but John Sives, canon of
* Du Pin, Cent. XV. ch. 3. f Spottiswoode, p. 57.
tion at
Edin-
burgh
Chap. 2. RELIGION. 47
Glasgow and Aberdeen, and official general of Cent. xv.
St Andrew's, (was for what reason I know not)
joined with him as an assessor. John Winchester,
Bishop of JNIoray, as procurator for all the clergy,
presented two papal bulls, one of Gregory VII.
the other of JMartin V., and requested that several
authentic copies of these bulls might be made ;
that if the originals should be lost, these copies
might bear equal faith. This was done with great
formality, and each of the copies attested to be
faithful, by all the members of the court, and by
three notaries. A custom had prevailed in Scot-
land, that when thelving's officers took possession
of the temporalities of a vacant see, they seized
also all the goods or personal estate of the deceas-
ed bishop. The bull of Gregory VII. prohibited
this practice for the future, and declared all who
should thereafter be concerned in it excommuni-
cated, the King himself not excepted. The King
had complained to Martin V., that Finlaw Bishop
of Argyle had joined in a rebellion against him ;
and when that rebelhon Avas crushed, had fled into
a foreign country, and left his diocese destitute of
a spiritual father ; and that pope, by his buU,
granted a commission to the Bishops of St An-
drew's and Dumblane, to examine into the facts
in this cause, and report to him, who alone, by
the divine appointment, had the government of
aU the clergy in the world, that he might do
justice*. So great was the authority of the
• Wilkin. Concil. torn. 3. p. S44, &c.
48
HISTORY OF BRITAIN.
Book V.
Cent. X
Convoca
tioti at
Perth.
St An-
drew's
made an
archbi-
shopric.
^'- popes, and so little the power of kings over the
clergy in those times.
King James II. sent Sir Patrick Grahame and
Mr Archibald Whitelaw to a convocation of the
clergy at Perth, July 19, A. D. 1459, to demand
a declaration from them, " That the King, by
" ancient custom, had a right to present to all the
'• livings in the gift of any bishop, that became
" vacant during the vacancy of the see, and while
" the temporalities were in the King's hands."
The convocation, after examining several of the
clergy upon oath, granted a declaration, conform-
able to the King's desire, subscribed by Thomas
Spence, bishop of Aberdeen, conservator ; Don-
ald Rede, clerk to the convocation or assembly ;
and John Petrie, notary-public*.
That excellent prelate Bishop Kennedy died
at St Andi'ew's A. D. 1466, and was succeeded
by a near relation of his o^vn, Patrick Grahame,
Bishop of Brechin. This prelate being obnoxious
to the Boydes, who were then the King's favour-
ites, had many difficulties to encounter. To avoid
the effects of their displeasure, and to obtain the
confirmation of his election, he went to the papal
coiu't, where he resided several years, not daring
to return while his enemies were in power. Being
an ingenious and learned man, he ingratiated him-
self so far into the favour of PopeSixtus IV., that
he erected the see of St Andi-ew's into an arch-
bishopric, and constituted Archbishop Grahame,
* Wilkin, concil. torn. S. p, 576.
Chap. 2. RELIGION. 49
and his successors, primates of all Scotland, Cent. xv.
A. D. 1472*. The new archbishop was also ^""^^"""^
appointed the Pope's legate ; and having re-
ceived intelligence of the fall of his enemies the
Boydes, he returned into Scotland, expecting to
meet with a favourable reception from his sove-
reign and his countrymen. But in this he was
disappointed. The new honours with which he
was adorned having raised the envy of the other
prelates, and the new powers with which he was
invested as papal legate having excited the fears
of many, he found himself surrounded with ene-
mies. By these he was accused of having left
the kingdom without a royal licence, of having
accepted of the office of papal legate without the
King's permission, and of various other delin-
quencies ; for which he was committed to pri-
son, where he died. A. D. 1470f. So unfortu-
nate was the first primate of the church of
Scotland ; and several of his successors were still
more unhappy.
Archbishop Grahame was succeeded by Wil- sheven
liam Shevez, who had been one of his most vio- shop. '"
lent enemies. Shevez, on his return from the
university of Louvain, where he had studied
under pne Spu'icus, a famous astrologer of those
times, boasted of superior skiU in that science ;
which procured him a presentation to the arch-
deaconry of St Andi-ew's, from James III. who
Avas a great admirer of astrology and astrologers.
But the new primate, who had a sovereign con-
• Buchanan, lib. 12. p. 226. f Id. ibid.
VOL. X. E
50
HISTORY OF BRITAIN. Rook V.
Cent, XV. tempt for botli, refused to admit Shcvez to that
office ; who was tliereby so much euragcd, that
he joined with one Ijocky, rector of the univer-
sity of St Andi-ew's, and tlie other enemies of
the Arclibishop, and never ceased to persecute
him till he lodged him in a prison, and was ap-
pointed his coadjutor and successor*.
• Spottiswoodc, p. 59-
THE
HISTORY
OF
GREAT BRITAIN
BOOK V.
CHAP. III.
HISTORY OF THE CONSTITUTION, GOVERNMENT, AND
LAWS, OF GREAT BRITAIN, FROM THE ACCESSION OF
HENRY IV. A. D. 1399, TO THE ACCESSION OF HENRY
VII. A. D. 1^85.
The kings and people of both the British ConsUto-
kingdoms were so much engaged in war in the much
period we are now examining, that they paid «=^*"s***'
less attention to the improvement of the consti-
tution, government, and laws of their country,
than they probably would have done if they had
enjoyed more tranquillity. The changes, there-
fore in these particulars, that took place in this
period, and are of such importance as to merit ad-
mission, into general history, are not very many.
52 HISTORY OF BRITAIN. Book V.
and may be comprehended within a narrow com-
pass, without omitting any thing material. For
the same reason it will be sufficient to divide
this chapter into two sections ; tlie first contain-
ing the constitutional liistory of England, and
the second that of Scotland.
SECTION I.
Historij of the Constitution, Government, and La^aos, of
England, Jrom A. D. 1399, to A. D. 14.85.
Slavery, SoiNiE progress seems to have been made, in the
course of this period, towards a very happy
change in the condition of the lowest order of
men in society, by the dechne of servitude, and
diminution of the number of slaves ; though
slavery was still too common, and slaves too nu-
merous. Some examples occur, of men, parti-
cularly prisoners of war, being bought and sold
like cattle; and all that can be said is, that
these examples are not so frequent as in former
times*. Predial slaves, commonly called vil-
lains, were still very numerous. These unhap-
py men, with their families, were annexed to
the lands on which they dwelt, and transferred
with them from one proprietor to another.
Their sons coidd not enter into holy orders
* Hall, f. 35.
ed.
Chap. 3. Sect. 1. CONSTITUTION, &c. 53
witliout the consent of the owner of the estate
to which they were annexed*. They could not
prosecute their lordly masters in a court of law,
which must have subjected them to many in-
juries f ; and, in a word, they had notliing that
they could call their oa\ti. When sheriffs at-
tempted (as they sometimes did) to levy a tax on
the villains of lords and prelates, for paying a
part of the wages of the knights in parliament,
a writ issued from chancery, prohibiting them
to le\y such a tax, " because all the goods in
" the possession of villains were the property of
" their lords, who attended parliament t-"
But there is sufficient evidence, that the num- Diminish-
ber, not only of domestic, but even of predial
slaves, sensibly decreased in the course of this
period ; and that few of them were to be found,
except on the demesnes of prelates and great
lords. Other proprietors of estates chose rather
to have theu* lands cultivated by labourers, who
were free men ; and, at the request of the com-
mons in parliament, many laws were made, for
increasing the number, and regulating the wages,
of such labourers §. By one of these laws, no
man who had not an estate worth twenty shil-
lings a-year, equivalent to ten pounds at pre-
sent, was permitted to put his son to any other
employment, but was obliged to bring him up
to husbandly work ; and if any person applied
♦ Rym. Feed. torn. 9. p. 69; torn. 11. p. 56.
t Id- torn. 12. p. 259. i Prynne's Kalendar of
rarhamentary Writs, vol. 4. p. 432.
§ Statutes, vol. 1. p. 612.
54 HISTORY OF BRITAIN. Book V.
to such work till he was twelve years of age he
M^as not permitted to abandon it, and, follow
any other line of life*
Causes. A'arious causes contributed to the decline of
villanage in England. The proprietors of land
by degrees discovered, that slaves, who laboured
not for themselves, but for their masters, were
often indolent or refractory ; and that they got
their work performed to better purpose, and even
at less expence, by hired servants. But the al-
most incessant wars in which the English were
engaged in this period, contributed more than
any thing to the decline of slavery, by obliging
prelates, lords, and gTcat men, to put arms into
the hands of their villains. There is hardly any
evil that doth not produce some good.
Viscounts. A new order of nobles was instituted by
Henry VI. A. D. 1440. They were styled
viscounts^ and placed between earls and barons,
below the former, and above the latter. John
Lord Beaumont, the &st nobleman of this order,
was created Viscount Beaumont, in full parlia-
ment, at Reading, February 12, that yearf.
pariia- As the parliament hath long been the great
fountain of law, and supreme coiu-t of judica-
ture, the guardian of the just prerogatives of the
crown and the legal liberties of the people, it me-
rits particular attention in every period. That
this aug-ust court hath undergone various changes
• Statutes, vol. 1 . p. 470.
I Selden's Titles of Honour, p. 680. J>ugdalc's Baronage, vol., 2.
p. 54. My authorities have perhaps mistaken the date of this creation a
fevf years.
menu
Chap. 3. Sect. 1. CONSTITUTION, &c. 55
in its constitution, hath been already proved ;
and several of these changes, with their causes
and effects, liave been briefly described, in their
proper places in the former volumes of this
work*. The description that hath been already
given of the constituent members of both houses
of parliament in the reign of Richard II., will
give our readers a sufficient idea of these houses,
as they were constituted in the beginning of this
period; and therefore, to prevent repetitions,
they are referred to that description f.
As soon as the smaller freeholders, wlio were Election
laws.
not summoned by particular writs, were excus-
ed from appearing personally in parliament, and
permitted to appear by representatives, the elec-
tions of these representatives, their wages and
their privileges, became the subjects of various
laws and political regidations, which had a great
influence on the constitution of the house of
commons.
At first, and from A. D. 1269 to A. D. 1429, Elector*.
all freeholders, without exception, had votes in
electing the knights of the shires in which they
resided and had their freeholds. In some comi-
ties the small freeholders were very numerous,
and many of them very indigent, which pro-
duced A'arious inconveniencies, and sometimes
rendered the elections of the representatives of
these counties scenes of riot, violence, and
• See vol. 3. p. S6S — 376. vol. 6. p. 28 — S2. vol. 8. book 4. cli. i.
f See vol. 8. book 4. ch. S. § 5.
56 HISTORY OF BRITAIN. Book V.
slaughter. To remedy these evils, a law was
made, 8th Henry VI. A. D. 1429, " That the
" knights of the shires shall be chosen in every
" county by people dwelling and resident in the
" same counties, whereof every one of them shall
" have free land or tenement to the value of
" forty shillings by the year at least, above all
" deductions*." The letter, but not the spirit,
of this law, hath been ever since observed ; for
forty shillings a-year, A. D. 1429, was equivalent
to 201. a-y ear, A. D. 1784. The representatives
of cities and burghs were chosen only by those who
actually resided in the cities and boroughs which
they represented ; but whether by the citizens
and burgesses at large, or by the corporations, is
not very clearf . The custom, it is probable, was
different in different places ; and custom by long
continuance, became law. That these laws might
be more strictly observed, they were inserted
verhathn in the writs to sheriffs, for some years
after they were madet.
Elected. The King in his writs to the sheriffs, describ-
ed the quahfications of the persons who were to
be elected to represent counties, cities, and bo-
roughs. The freeholders in each county were
directed to chuse " two of the fittest and most
" discreet knights resident in the county J ;" but
because actual knights residing and properly
Qualified sometimes could not be found, an act
• Statutes, 8th Hen. VI. c. 7 ; 10th Hen. VI. c. 2.
f 1st Hen. V. c. 1. \ Prynne's Survey of
Parliamentary Writs, vol. 2. p. 134, &c. § Id. ibid.
Chap. 3. Sect. 1. CONSTITUTION, &c; ^
was made, 23d Henry VI., A. D. 1444, permit-
ting freeholders to cliuse " notable esquires,
" gentlemen by birth, and qualified to be made
" knights ; but no yeoman, or person of an in-
" ferior rank*." This article of that act was in-
serted in the subsequent writs for some years,
that it might be universally knoAvn and observ-
edf . Those gentlemen who had freehold-estates
of 401. a-year, equivalent to 4001. at present,
were qualified to be made knights, which was
therefore tlie qualification in point of fortune
for the representative of a county:}:. By the
same ^vrits, the electors in cities and boroughs
were directed to chuse the fittest and most dis-
creet persons, freemen of, and residing in, the
places for which they were chosen, and no others
upon any pretence J. The parliamentary wTits
in tliis period directed electors in counties, cities,
and boroughs to chuse, not only the wisest, but
tlie stoutest men (potentiores ad hiborandum),
that they might be able to endure the fatigue of
the journey and of close attendance ; it being
one great object of the legislature, at this time,
to secure the constant attendance of all tlie mem-
bers of the house of commons ||. Sheriffs could
not be elected ; and Henry IV., in the fifth year
of his reign, inserted an uncommon clause in his
\vrits, prohibiting all apprentices, or other men
* Stat. 23d Hen. VL c, 14.
f Prynne's Survey of Parliamentary Writs, vol. 2. p. 135.
I Rym. FoEfl. torn. 8. p. 656. § 1st Hen. V. th. 1.
II Prynne, passim.
58 HISTORY OF BRITAIN. Book V.
of law, to be elected*. Bat tliis was a violent
stretch of prerogative ; and though it was obey-
ed, it was not repeated.
Number of 'j^j^g lumber of boroimhs that sent members
burgesses "
uncertain, to parliament in this period was very unsettled,
and seems to have depended very much on the
pleasure of the slieriffs of the several counties.
There is the clearest evidence, that the sheriffs
of the same county sent precepts to, and made
returns from, sometimes more and sometimes
fewer boroughs, without assigning any reason for
their conduct; that some boroughs to which pre-
cepts were sent never elected or returned any
members, and some only once, twice, or a few
times ; that sheriffs, in their returns, sometimes
reported, that certain boroughs to which they
had directed precepts, had made no returns, and
no excuses for their disobedience ; and others
had excused themselves by pleading poverty f.
Tliese and several other irregularities that might
be mentioned, afford sufficient evidence, that
the constitution of the liouse of commons was
yet far from perfection ; and, in particular, that
the number of its members was not ascertained,
irreguia- Scvcral laws wcrc made in this period for re-
eiectiins. gulatiug the manner of proceeding in the elec-
tion of members to the house of commons, and
for preventing false returns; for which tlie read-
er must be referred to the statute-book, as they
• Prynne, vol. 2. p. 123. Walsitig. p. 271.
f Piynne's Brevia Parliamejuaua Rediviva, vol. S. § 7. p. 223.
Chap. S. Sect. 1. CONSTITUTION, Ac. 59
are too voluminous to be here inserted*. But
notwithstanding all these laws, some surprising
irreo-ularities were practised in elections, of which
' it will be sufficient to give a few examples. The ,
knights for the large, rich, and populous county
of York were chosen, 13th Henry IV. A. D.
1411, and 2d Henry V. A. D. 1414, not by the
freeholders, but by the attornies of a few lords
and ladies who had great estates in that county;
and this irregailar practice continued to A. D.
1447, when the freeholders resumed their vio-
lated rights f. Many of the knights, citizens,
and burgesses in the parHament that met at Co-
ventry, 38th Henry VI. A. D. 1460, had not so
much as the shadow of an election, but were
named by the King, in letters under the privy
seal, and returned by the sheriffs, who obtained
an act of indemnity for that outrageous breach
of their trust t- But that assembly at Coventry
was rather a meeting of the heads of a party in
the time of a bloody civil war, than a parliament;
and aU its acts were rescinded the very next
year^.
The sheriffs, in this period, were guilty of many Abuses of
. - . ', , . sheriffs.
great abuses m conductmg elections and makmg
their returns. This appears from various monu-
ments, and particularly from the following pre-
amble to an act of parliament, 23d Henry A^I.
• See 7th Hen. IV. c. 15. 1st Hen. V. c. 1. 6th Henry VI. c. 4.
8th Hen. VI. c. 7. 10th Hen. VI. c. 2. 23(1 Hen. c. 15.
f Prynne, Brevia Parliamentaria Rcdiviva, v. S. p 152 — 154.
f Pari. Hist. v. 2. p. 288 — 292. Prynne, vol. 2. p. HI.
§ 31>th Hen. VI.
60 HISTORY OF BRITAIN. Book V.
A. D. 1444. — " Diverse sheriffs of the counties of
" the reahii of England, for their singular avail
" and lucre, have not made due elections of the
" knights, nor in convenient time, nor good men
" and true returned, and sometimes no return of
" the knights, citizens, and biu'gesses, lawfully
" chosen to come to the parliament ; but such
" knights, citizens, and burgesses, have been re-
" turned which were never duly chosen, and
" other citizens and burgesses than those which,
" by the mayors and bailiffs, were to the said
" sheriffs returned. And sometimes the sheriffs
" have not returned the writs which they had to
" make, of elections of knights to come to the
" parliaments ; but the said writs have mibisiled ;
" and moreover made no precept to the mayor
" and bailiff, or to the bailiff or bailiffs, where no
" mayor is, of cities and boroughs, for the elec-
" tion of citizens and burgesses to come to the
parliament*."
A candidate who thourht himself injured by a
return. false rctuHi, did not (if I am not mistaken and
misled by the authorities I have quoted) apply to
the house of commons for redress, and for the
punishment of the sheriff who had injured him,
but pursued such other methods as were then
pointed out by law and custom. By an act 11th
Henry IV. A. D. 1409, the injured candidate
might bring an action before the justices of assize,
and if the sheriff was found guilty by the verdict
of a jury, he was to be fined lOOl. (equivalent to
• 2:3d Ilcn, VI. c. M.
Redress
for a false
Chap. 3. Sect. 1. CONSTITUTION, &c. 61
lOOOl. at present), to the King, and the member
who had been falsely returned to lose his wages*.
By another act, 8th Henry VI., A. D. 1429, a
sheriff found guilty of a false return, besides pay-
ing the above fine, was to be imprisoned a whole
yearf. By a third act, 23d Henry VI. 1444, a
convicted sheriff, besides the above fine, was to
pay lOOl. to the injured candidate, or any other
person who sued for it:]:. This was a very severe
law, as it subjected a sheriff to a fhie equivalent to
20001. besides a whole year's imprisonment ; but
the reason of this severity seems to have been, that
parliaments were then so short, that a member de-
prived of his seat by a false return could hardly
ever recover it in time. Electors and candidates
who thought themselves injured, sometimes ap-
phed by petition to the King for redress J.
All the members of the house of peers always Members
attended parliaments at their own expence, that wages.
being one of the services they were obliged to
perform for the baronies they held of the crown.
But as soon as the smaller tenants of the King in
capite, or freeholders, were permitted to appear
by representatives, they were subjected to pay the
expences or wages of these representatives. This
custom, of representatives receiving, and their
constituents paying wages, commenced with the
commencement of representation, from a prin-
ciple of common equity, without any positive
law; and on that footing it continued from
• nth Hen. IV. c. 1. t 8th Hen. VI. c. 7.
\ 23d lien. VI. c. M. § Prynne, vol. 3. p. 157.
G2 HISTORY OF BRITAIX. Book V.
49th Henry TTI. A. I). 1265, to the 18th Kichai-d
II. A. D. 1394<, when a law was made tore-
move some doubts that had arisen about the
persons bound to contribute to the payment
of the wages of the re])resentatives of counties*.
The wages of kniglits of shires w^ere always
higher tlian those of citizens and burgesses, be-
cause they were really persons of a higher rank,
and hved in a more expensive maimer. For
more than a century tlie wages of the members
of the house of commons w^ere sometimes higher
and sometimes loM^er ; but at length, in the
reign of Edward III., they became fixed to 4s.
a-day for a knight of a shire, and 2s. a-day for
a citizen or burgess, and continued at that rate
as long as tliey continued to be paidf. Nor
was this at fii-st an incompetent sum, as 4s. then
was equivalent to 40s. at present. The proudest
and most opulent knights thought it no disho-
nour to receive their wages, and even to sue for
them ; and no man in those times imagined that
this custom ever could or would be changed,
as it was so reasonable, and productive of so
many good effects ; particularly it engaged the
attendance of all the members to the very last
day of every session, because those who did not
attend from tlie first to the last day received no
wages ; and their negligence could not be con-
cealed from their constituents. Accordingly we
often find all the members present, and receiving
• Prynne, vol. 4. p. 400.
■}• Id. ihid. p TS. et pafiim.
Chap. S. Sect. 1. CONSTITUTION, &c. 63
wTits for tlieir expences at the dissolution of a
parliament*.
As the members of the house of commons re- Privileges,
ceived wages for their services, so they enjoyed
certain privileges, to enable them to earn their
wages, by performing their services. Their own
persons, therefore, and the persons of their neces-
sary servants and attendants, were secured from
arrests, ingoingto, attending upon, and returning
from parliament; but not in the intervals between
one session of parliament and another. In a word,
their pay, their privileges, and their services, com-
menced and ended at the same time, /. e. they
commenced as many days before the beginning
of a session as enabled them to travel from their
own houses to the place wliere the parliament
was to meet ; they continued during the conti-
nuance of tlie session, and as many days after as
enabled them to return home, and not one day
longer, f When the commons imagined that any
of their number had been deprived of their pri-
vileges, they applied, by petition, to the King,
or house of lords, or to both, for redress ; of
wliich we meet with many authentic proofs and
examples in the work quoted below ^. Tliese
petitions were sometimes unsuccessful, as appears
from the famous case of Thomas Thorpe, speak-
er of the house of commons, A. D. 1452^.
• See I'rynne's Register of Parliamcnfary Writs, vol. 4. passim.
f 1(1. ibid. vol. 5. p. 625 — ft99.
t M. il>i(l. p. 678— 6fK). 7'2ii. 730. 736—744. 74T— 751. 160— IIG.
S.';o — S.^S.
§ Id, ilHd, p. 67R — r.90.
64 HISTORY OF BRITAIN. BookV.
Convoca- Coiivocatioiis wcre also summoned to the same
place, at the same time with pari laments, by writs
directed to the archbishops and bishops, com-
manding them to attend in person, to consultwith
theother prelates and nobles; enjoining them also
to issue precepts to their deans and chapters, their
archdeacons and clergy, requiring the deans and
archdeacons to attend in person, each chapter to
send one proctor, and the clergy of each diocese
to send two proctors, " to consent to those things
" which should be ordained by the common coun-
" cil of the kingdom*." This was the uniform
tenor of the clerical writs in this period ; and as
the deans, archdeacons, and proctors of the inferior
clergy, had only a power of consenting, and not of
consulting, it is not probable that they were now
considered as members of the house of commons ;
though in the parliament of Ireland (which was
originally formed on the model of that of Eng-
land) they continued to be members of the house
of commons long after this, till they were excluded
by an act of parliament, 28tli Henry VIII. A. D.
1536,because they supported the authority of the
Pope, and obstructed the reformation of the
church f. The proctors of the clergy, however,
receivedwages from their constituents, and enjoy-
ed all the other privileges of the members of the
house of commons:}:. The clergy still continued
to grant their own money in their convocations;
* Dugdale's Summons to Parliament, passim.
f Prynne, rol. i. p. 596.
\ Id. ibid. p. 4.37. 599. Statutes, 8tli Hen. VI. cli. 1,
Chap. 3. Sect. 1. CONSTITUTION, &c. 65
but their grants were not effectual till they were
confirmed in parliament*.
The clergy of England had great influence in influence
aU the public councils of the kingdom, and par- clergy.
ticularly in parliament, in this period. This was
not so much owing to their superiority in learn-
ing and sanctity, which they did not very much
affect, as to their constant residence in the king-
dom, and presence in these councils, while the
nobles and great men were engaged in warlike
expeditions into France or Scotland. Besides
aU the archbishops and bishops, twenty-five ab-
bots and two priors were summoned to every
parliament, and sometimes many more, which
made the spiritual lords generally double the
nimiber of the temporal lords in the house of
peers f. This enabled the prelates to procure
sanguinary laws against heretics, and to secure
the immense possessions of the church, together
with all her absurd errors and wretched super-
stitions, from aU attacks f.
One of the most important changes in the Method of
1 1 /» T . -1 • • making
method of conducting business in the parliament laws.
of England, that occurred in the course of this
period, was in the manner of framing laws or acts
of parliament. In the former period, " the
" commons, towards the conclusion of every
" session, presented, in the presence of the lords,
" certain petitions, for the redi'ess of grievances,
• Prynne, p. ,^94, 595.
f Prynne's Register of Writs, vol. 1. p. 141,
{ 1st Hen. IV. ch. 15. 2d Hen. V. ch. 7. Walsingham, p. S71,
37a.
VOL. X. F
66 HISTORY OF BRITAIN. Book V.
" to the King, wliidi he either <>Tantctl, denied,
" or delayed. Those petitions tiiat were granted
" were afterwards put into the form of statutes,
" by tlie judges and other members of the King s
" council, inserted in the statute-roll, and trans-
" mitted to sheriffs, to be promulgated in their
" county-courts*." This was certainly a very
loose inaccurate method of conducting a business
of so much importance ; and the commons com-
plained that some of the statutes did not corre-
spond to their petitions, nay that some statutes
appeared in the statute-roll for which they had
not petitioned, and to which they had never
given their consent f. To prevent such dan-
gerous abuses, the commons began to di-aw up
their petitions in a more correct manner, and at
greater length, than formerly, in the reign of
Henry V., and saw them formed into acts, by the
judges, before the session ended. In the next
reign, they became still more expert in business,
and drew up their petitions in the form of bills
or acts, as they wished them to be passed into
laws ; and when all these acts prepared in one
session had been examined and agreed to by the
lords, and had received the royal assent, the enact-
ing clause was prefixed to the whole system, most
commonly in these or such words as these: — "The
" King, by the advice and assent of the lords spiri-
" tual and temporal, and at the special request of
" the commons, hath ordained and established cer-
• Sec vol. 8. cli. 3. § 4. f See vol. 8. cli. .3. § 4.
Chap. 3. Sect. 1. CONSTITUTION, Sec. gsjr
" tain ordinances and statutes*." This was a
great improvement in the art of legislation, which
advanced by very slow degrees towards perfection.
The sessions of parliament were stillvery short ; shortness
and many of them had only one, and few of ment.
them above two or three sessions. The last par-
liament of Richard II., which also may be called
the first of Henry IV., sat only one day, Septem-
ber 30, A. D. 1399 ; and in that short session,
deposed one king, and placed another on the
throne ; which hasty transaction was productive
of many calamities, and brought the kingdom
to the brink of ruinf . The two longest parlia-
ments in this period were those of the 8th
Henry IV. A. D. 1407, and 23d Hemy VI.
A. D. 1446 ; the former of which sat, in three
sessions, 159 days, and the latter, in four sessions,
178 days : but both the members and theu' con-
stituents complained of the length of these par-
liaments ; the members, for being so long de-
tained from their business and diversions in the
country, in which they dehghted; and their
constituents on account of the wages of their re-
presentatives, which amounted to considerable
sumst. The wages, for example, of the two
knights of the sliire for Cumberland, in the first of
these parliaments, amounted to 80l. 8s. equiva-
lent to 8001. at present ; because, besides the 159
days that the three sessions lasted, they were
* Blackstone's Commentaries, vol. 1. p. 175. Statutes at Large, vol.
1 . paxsim'
f Prynne, vol. 4. p. 449, 4.50. Walsingham, p. S.'JQ.
I Prynne, vol. 4. p. 482. .5'26. Ilollingshcd, p. 531.
68 HISTORY OF BRITAIN. Book V.
allowed wages for forty-two days for their three
joiirnies*.
Statute About fifty systems or bodies of laws were
made, ill so many different sessions of parliaments,
in the course of this period, some of them contain-
ing only a few, and others of them between twen-
ty and thirty statutes, on too great a variety of
subjects to be here enumerated f. Some of them
were intended to explain, amend, or revive for-
mer laws, and others in affirmance of the common
law, or for supplying its defects, by inflicting
severer penalties on certain crimes, and provid-
ing new remedies for new disorders. It seems
still to liave been a prevailing opinion in the fii-st
part of this period, tliat the authority of laws
was weakened, if not destroyed, by the death of
the prince under whom they had been made ;
and therefore both Henry IV. and Henry V. soon
after their accession, confirmed the great charter,
and the charter of the forests, with all other
laws that had not been repealed |. But though
these two famous charters were thus twice con-
firmed in this period, it was only in common with
all other statutes ; and it plainly appears, that
they were not so much insisted upon, or attended
to, by the people of England, as they had been
when the remembrance of them was more re-
cent. Some severe, or rather cruel laws, were
made by Henry IV. and Henry V. against
• Prynnc, vol. 4. p. 47S.
f See Statutes nt Large, vol. 1,2.
\ Statutes, 1st Heii, IV. fli. 1. -llli lien. V, ch, I.
Chap. 3. Sect. 1. CONSTITUTIQN, &c. (59
the followers of Wickliffe, wlio were called
heretics and Lollards, and, when convicted, were
consigned to the flames*. These laws were pro-
bably procured by the influence of the clergy,
whose favour was much courted by both these
princes. Additional powers were granted to
justices of the peace; and various laws were
made for regulating their qualifications and pro-
ceedings!. '^^^^ statutes of this period w^ere very
unfriendly to strangers who traded or settled in
England, particularly to the Welsh and Irish :|:.
Some excellent laws for the regulation and en-
couragement of trade and manufactures were
made in the reign of Edward IV., who was liim-
self one of the greatest merchants in Europe, and
paid great attention to commerce f. The sta-
tutes of Richard III. were the first that were ex-
pressed in the English language, all fonner sta-
tutes having been either in Latin or French ;
which w ere not understood by the great body
of the people, or even by many of the legisla-
tors ||. These were also the first statutes of
England that were printed. But as many of the
statute laws of this period have been eflectually
repealed by length of time and change of cir-
cumstances, as weU as by subsequent statutes,
it doth not seem to be necessary to give a
• 2d Hen. IV. ch. 15 ; 2d Hen. V. ch. 7.
t 4tli Hen. IV. ch, 9 ; 5th, ch. 10 ; 13th, ch. 7 ; 2d Hen. V. ch. 4;
2d Statutes^ cli. 1 ; 2d Hen. VI. ch. 9 ; 6th, ch. S, &c. &c.
t 2d Hen. IV. ch. 16 ; 4th, ch. 16 — 34; 9th, ch. 3; Ist Hen. V.
ch. fi ; 4th, ell. 6 ; 1st Hen. VI. ch, S. &c. &c.
§ Se« Stat. Edward IV. || Sea staU Rich, HI.
70 HISTORY OF BRITAIN. Book V.
more particular account of tliciu in a general
history*.
Judges The courts of law in England continued near-
sriaries!' ty ou tlic samc footiug lu tliis as in the former
period. Tlie number of judges in the courts at
Westminster was not yet fixed ; as, in the reign
of Henry VI., there were sometimes five, six,
seven, and at one time eight judges, in the
court of Common Pleas f. The ancient salaries
of these judges were very small, viz. to the chief
justice of the King's Bench, 401. a-year, to the
chief justice of the Common Pleas, 401. and to
each of the other judges in these two courts,
40 marks. Henry VI., by letters patent, grant-
ed an additional salary, — to the chief justice of
the King's Bench, of 180 marks, or 1201., which
made his whole salary I60l., equivalent to
1,600; — to the chief justice of the Common
Pleas, of 931. 6s. 8d, which made his whole salary
1301. 6s. 8d., equivalent to l,300l. ; — to each of
the other judges, 110 marks, which made the
whole salary of each judge lOOl., equivalent to
l,000l. at present. Besides these salaries, each
judge had a certain quantity of silk, linen-cloth,
and furs, for his summer and winter robes, out of
the royal wardrobe, or an equivalent in money.
All these judges were also justices of assize, for
which each had a salary of 20l. equivalent to
2001. What other perquisites or profits were
*, See many ingenious remarks on the statutes of tltis period, in the
Hon. Judge 13arrington's Observations on tlie Statutes.
f Dugdale's Origincs Juridicalcs, p. '.ii).
Chap. 3. Sect. 1. CONSTITUTION, &c. , 71
annexed to their offices (which they held only
during pleasure) I have not discovered. The
winter-robes of each judge cost 51. 6s. ll^d.
equivalent to 53 1. 10s. ; and his summer-robes
3l. 3s. 6d. equivalent to 311. 15s. The annual
salary of the attorney-general was only 10 1., equi-
valent to lOOl. He was allowed only one robe,
worth ll. 6s. lid. equivalent to 13l. 10s. All the
j udges and the attorney-general presented a peti-
tion to the King in parliament, A. D. 1439, com-
plaining that their salaries were too small, and ill
paid ; and that, if they did not obtam redi'ess,
they woidd be obliged to resign their offices. It
doth not appear that they obtained any addition:
but an act was made, that they should be regu-
larly paid, twice a-year, by the clerk of the Ha-
naper*. When a judge was admitted into his
office, he took a solemn oath, " That he would
" not receive any fee, pension, gift, reward, or
" bribe, of any man having sute or plea before
** him, saving meat and di'ink, which should be
" of no great valuef ."
Great and just complaints were made, m this as Corrupt
well as in former periods, of the corrupt and im- tration of
perfect administration of justice. This was^"''^'^^
owhig to several causes, besides the insufficient
salaries, and precarious situation of the judges.
• Dugilale's Origines Juridicales, p. 105 — 110.
f Fortescue de Laudibus Lcgum Anglin?, c. 51. Statutes, A. D.
1344. Tlie whole fees or salaries of the treasurer of England,
keeper of the privy seal, the judges of both benches, tlie barons of
tlie exchequer, and other ofhcers of these courts, A. D. 1421, amounts
ed only lu ;j000l. equivalent to 30,0001. at present. Ryin. Feed,
torn. 10. p. 113.
HISTORY OF BRITAIN. Book V.
Maintenance, as it was called, still prevailed;
by wliicli great niunbers of people, confederated
together, under one head, whose livery they
wore, to defend each otlier in all their claims
and pleas, whether they were just or unjust.
These confederates laid all the peaceable people
around them under contribution, not to harass
them by vexatious law-suits*. The exemptions
which the clergy claimed from the jurisdiction
of the civil courts, made it almost impossible
for the laity to compel their spiritual guides to
do them common justice by a legal process.
The great number of sanctuaries in all parts of
the kingdom, protected many from the punish-
ment due to their crimes, and from the pay-
ment of their debts. Perjury was a reigning
vice in this period ; and we are told by the pre-
lates and clergy of the province of Canterbury, '
in convocation, A. D. 1439, that great numbers
of people had no other trade but that of hiring
themselves for witnesses, or taking bribes when
they were on juriesf. But the violent fac-
tions, and cruel civil wars, of those times, were
the greatest obstacles to the regular impartial
administration of justice. The truth is, the
people of England, in this period, were fre-
quently under a kind of military government ;
and the high constable was invested with autho-
rity to put the greatest subjects in the kingdom
to death without noise, or so much as observing
* Wilfciti. Concil. torn. i. p. 584. f Id. ibid.
Chap. 3. Sect. 1. CONSTITUTION, &c. 73
the forms of law, when ever he was convinced
in his own mind that they were guilty, as ap^
pears from an article in his commission, quoted
below*. This extraordinary commission was
sometimes executed in its full extent ; and se-
veral persons of high rank were put to death,
without any inquiry after evidence, as our
readers must have observed. But when the
constable wished to have some appearance of
proof, and could not obtain it in any other way,
he sometimes had recourse to torture. Of this
it may be proper to give one example. One
Cornehus Shoemaker, being seized at Queen-
borough, A. D. 1468, and letters found upon
him from Queen INIargaret, then in France, he
was tortured by fire, to make him discover the
names of the noblemen and gentlemen who
corresponded with the exiled Queen f. The
famous rack in the tower of London, called
tJie Duke of Exetefs daughter, because invent-
ed by that Duke when he was constable, is
well known.
But if iustice was not well administered in i-a^yers
•^ . and attor-
this period, it was not owing to a want or scar- nies.
city of lawyers or attornies. According to the
account given us by Sir John Fortescue, chief
justice of the King's Bendi in the reign of
Henry VI., there were no fewer than 2000 stu-
• Plenam potestatcm et aiictoritatcm tlamus et committimus atl cog-
nosccnduDi et procedcndum in omnibus et singulis causis et ncgotiis de ct
super crimine laesre majestatis, scu ipsius occasioiie, caeterisrjuc causis
quibuscunquo, summario et de piano, sinu strepitu et figura judicii, &c.
&c. Ryni. Feed. toin. H. p 582.
I \V. Wyrceiter, p. 515.
74
HISTORY OF BRITAIN.
Book. V.
Common
law.
Court of
Chancery.
dents of law, in the inns of cliancery and the
inns of court in his time*. Attornies had be-
come so numerous about the same time, in some
parts of England, })articularly in Norfolk and
Suffolk, that an act of parliament was made,
33d Henry VI., A. D. 1455, restricthig their
number in these two counties to fourteen, six in
each county, and two in the city of Norwich f.
The following description of the common law
in this period, taken from the learned historian of
that law, is, I believe, both the best and shortest
that can be given. " Touching tlie reports of
*' the years and terms of liemy IV. and Henry
" V. I can only say, they do not arrive, either
" in the nature of the learning contained in
" them, or in the judiciousness or knowledge of
" the judges and pleaders, nor in any other re-
" spect arise to the perfection of the last twelve
*' years of Edward III. But the times of Henry
" VI., as also of Edward IV. and Edward V.,
" were times that abounded with learned and
" excellent men. There is little odds in the
" usefulness and learning of these books, only
" the first part of Henry VI. is more barren,
" spending itself much in learning of httle mo-
" ment, and now out of use ; but the second
" part is full of excellent learning:]:."
Tliough that remarkable singularity in the
English constitution, the court of equity in
Chancery, is not of great antiquity, it is not
• Fortescue de Laudibus Lcgum Anglia-, cli. 49.
f Statutes, 03d Hen. VI. cli 7.
I Hale's Ilibtory of the Common Law, p. 171.
Chap. 3. Sect 1. CONSTITUTION, &c; 75
easy to trace it to its origin, or to discover the
precise time and occasion of its establishment.
It is most probable that it was introduced by
certain steps and practices, which slowly and in-
sensibly led to such an institution. In former
times, when a person thought himself greatly
injmred by a sentence of the supreme courts of
law, he appHed by a representation of his case, '
and a petition for redress, to the King, the
fountam of justice. After our kings desisted
from administering justice in such cases in their
own persons, these representations and petitions
were commonly, and at length constantly, re-
ferred to the lord chancellor, the keeper of the
King's conscience, one of the gi'eatest officers
of the crown and wisest men in the kingdom.
By a long continuance of this practice, the
chancellor came to be considered, both by our
kmgs and their subjects, as the officer whose
province it was to mitigate the rigorous senten-
ces of strict law, by the milder decisions of equity
and mercy. John Waltham, Bishop of Sahs-
bury, and chancellor to Richard II., invented,
it is said the writ of subpoena, returnable only in
chancery, in order to bring feoffees of land to
uses, directly into that court, to make them ac-
countable to those for whose use they held the
lands*. These writs were soon after apphcd for
and obtained in other cases ; which greatly in-
creased the business of the court of equity in
chancery, and gave umbrage to the courts of
* lilackstoiif, vol 3. p. 51, 52.
76 HISTORY OF BRITAIN. Book V.
common law*. A small cheek was given to this
by an act of parliament, 17th Richard II., A. D.
1393, by empowering the chancellor to give da-
mages to the injured party, when he found that
a cause had been brought before him on untrue
suggestions!. This, however, and another still
stronger, 15th Henry VI., A. D. 1436, did not
satisfy the common lawyers ; and the house of
commons, at their request, petitioned the King
in parliament, 14th Edward IV., A. D. 1474, to
.suppress the writ of subpoena. But that petition
was refused : and the court of equity in chancery
was fully established, and its business continued
to increase f. All the chancellors in England in
this period were clergymen ; and this triumph
over the courts of common law was chiefly ob-
tained by the influence of the clergy, who had
long viewed these courts with an unfriendly eye,
as tliey did not favour their exorbitant claims.
For a more particular account of the courts of
law than is competent to general history, the
reader may consult the excellent work quoted
below f .
Ordinary The revcnucs of the kings of England in this
period, as weU as their cliarges and expences,
may be divided into ordinary and extraordinary.
It is not necessary to give a very minute descrip-
tion of the hereditary, stated, and ordinary reve-
nues of the kings of England in this period, as
• Blackstone, vol. 3. p. 51 , 52.
f Statutes, 17th Rich. II. ch, 6.
\ Cotton's Records, p. 410. 422. 424. 548,
5 Judge lilackstoue's Commentaries, vol. S. ch. 4, 5, 6.
jrevenues.
Chap. 3. Sect. 1. CONSTITUTION, &c. 77
the sources of them have been already enumei^-
ated at full length*. The crown-lands, with the
wardships and marriages of those who held of
the crown in capite, still formed one of the chief
sources of its ordinary revenue. The crown lands,
or royal demesnes, in the reign of William the
Conqueror, and some of his successors, were of
immense extent and great value ; and, together
with the various prestations of their feudal te-
nants, were abundantly sufficient to support them
in affluence and splendour, with little or no de-
pendence on their subjects. But succeeding prin-
ces, by engaging in unnecessary and expensive
wars; — ^by liberal, profuse, imprudent grants; —
by founding and endowing monasteries ; — and
by other means, gradually and greatly diminished
the royal demesnes. It is difficult to determine
whether those kings who were despised for their
weakness and superstition, or those who were ce-
lebrated for their valour and ambition, contribu-
ted most to produce this effect. The victorious
Henry V. not only pawned his crown, liis jewels,
and his furniture, but alienated so many of the
crown-lands, that in the last year of his reign,
the remainder of them, with the wardship and
marriages of his vassals, yielded only 15,0()61. lis.
Id. equivalent to 150,6711. Us. lOd.f This fund
of the ordinary revenues of the crown sometimes
received great accessions, by resumptions and
confiscations. Edward IV., after the battles of
Barnet and Tewkesbury, A.D. 1471, by the con-
• Sea Tol. 6. cli. 8. § 1. f Rym. Feed. torn. 10. p. 113.
&c.
^g HISTORY OF BRITAIN. Book V.
fiscation of the great estates of the Duke of So-
merset, the Marquis of ^lontacute, the Earl of
Warwick, and all the chief men of the Lancas-
trian party, " had (to use the words of Sir John
" Fortescue) livelood in lordscliippis lands, tene-
" nients, and rents, nerchand to the value of the
" fifth part of his realme, ahove the possessions
" of the churche ; by which livelood if it had
" abyden styl in his hands, he had been more
" myghty of good revenuz, than any king that
" now reynith upon Christen men*." He says
further, that if the King had kept all his land,
" he schuld have had lyvelood sufficyent for the
" maintenaunce of his astatef ." At the same time
he relates in what manner all that immense ac-
cession of landed property was soon alienated,
and the King reduced to a state of dependence
upon his subjects for extraordinary aids in par-
liament ±. This constant dissipation of the landed
property of the crown was not altogether owing
to the imprudent profusion of princes, but was
almost unavoidable ; because money being very
scarce, they had hardly any other way of grati-
fying favourites, or rewarding services, but by
grants of lands.
Customs, The several customs and duties on merchan-
dise, tliough imposed by parliament, were, in this
period, reckoned amongst the ordinary stated re-
venues of the crown, because they were granted
to every king, as it were, of course. In that ac-
• Sir John Fortescue on the diflcrence between absolute and limited
monarchy, p, 83, 84. f Id. p. 85. f Id. p. 81, 85.
Chap. 3. Sect. 1. CONSTITUTION, &c. 79
count delivered to Heniy V. at Lambeth, A. D.
1421, by William Kenwolmersh, dean of St Mar-
tin's, London, treasurer of England, all these cus-
toms and duties amounted to 40,6871. 19s. ^d.
a-year, equivalent to 406,8801. of our money at
present. By that account it also appears, that the
whole stated revenue of the crown of England
for that year amounted to no more than 55,7541.
10s. 10:J:d., which (neglecting the fractions) was
equivalent to 557,5401.* From that very curious
accomit, it is likewise evident, that Henry V.
after paying his guards and garrisons, — the ex-
pences of his civil government — the salaries of
the collectors, &c. of his customs — and pensions
to dukes, earls, knights, &c., which were charges
on his ordinary revenue, had only 3,507l. 13s.
md., equivalent to 35,0771. remaining, to de-
fray all the expences of his household, — his ward-
robe,— his works, — his embassies, and various
other charges : a sum altogether incompetent to
answer those purposes, as the expence of the
King's household alone amounted, in those times,
to alx)ut 20,0001., equivalent to 200,0001. at pre-
sent f. The same account also represents, that
many of the debts of liis father Henry IV., and
his own debts contracted when he was Prince
of Whales, were still unpaid, and that great ar-
rears were owing of salaries and pensions, and to
his garrisons, his household, and his wardrobe.
From this authentic account of the ordinary re-
• Fortesciie, p. 84, 85. A nderson's History of Commerce, vol. 1 . p. 284.
f Anderson's History of Commerce, vol. 1. it. 237.
nary reve-
nues.
go HISTORY OF BRITAIN. Bdok. V.
venues of the crown of England, and of the or-
dinary charges upon these revenues, we need not
be surprised that all oiu* kings in this period lived
in straits, and died deeply involved in debt, Ed-
ward IV. alone excepted. As that prince suc-
ceeded to an enemy, and an usurper, he paid none
of his predecessor's debts. He was a good oeco-
nomist, and a great merchant, and used various
means to get money with which other kings were
unacquainted, besides the large pension from the
King of France, which he enjoyed several years.
Extraordi. The extraordinary revenues of the crown of
England were such as were granted by parlia-
ment, not of course, but on particular occasions,
to answer particular purposes. These grants were
made, upon the application of the King by his
ministers, most frequently to defray the expen-
ces of a war, for which the ordinary revenues of
the crown were quite inadequate. They consist-
ed chiefly of tenths or fifteenths of all the move-
able goods both of the clergy and laity, to which
the King had no right, till they were voluntarily
given him by the clergy in convocation, and by
the laity in parliament. These tenths and fif-
teenths were paid according to a value set upon
every person's goods by commissioners appoint-
ed for that purpose in every district, both in town
and country, and yielded sometimes more, some-
times less, as they were more carefully or more
carelessly collected, or as the kingdom was in a
flourishing or declining state. The people some-
times endeavoured to avoid paying their due
proportion of tenths and fifteentlis, by removing
Chap. 3. Sect. 1. CONSTITUTION, &c. 81
their cattle and goods to some distance, before
the commissioners came to take an account of
them ; to prevent wliich, an act of parliament
was made, A. D. 1407, that all persons, and par-
ticularly foreigners, should pay according to the
cattle and goods they had in any place, on the
day on which the act for a tenth or fifteenth was
passed ; and that the district, town, or county,
should pay for all the cattle and goods that were
removed after that day*. This made the people
spies upon one another. Sometimes parliament
granted a tax upon lands and offices above a cer-
tain value; sometimes imposed additional duties
upon certain commodities for a limited time; and
on a few occasions imposed a poll-tax f. But
these extraordinary aids frequently fell short of
answering the purposes for which they were gi-
ven, and added to the difficulties and debts of
the prince to whom they were granted. The
preservation of Calais and the castles in its little
territory, and the defence of the borders against
the Scots, were heavy loads on the revenues of
the kings of England in this period. These two
charges were nearly equal, and (if there is no
mistake in the record of the transcript) amount-
ed to 38,6191. 5s. lOd., equivalent to ,S86,210l.
1 8s. 4d. :j: In a word, it was the great misfortune
of the people of England in this period, that
they were almost constantly engaged in war; for
though some of these wars were glorious, none
• loth Ilcn. IV. c. 7. f Pari. Hist. v. 2. p. 124. S68— 372.
I Rym. Foed. torn. 10, p. 113.
TOL. X. G
82 HISTORY OF BRITAIN. Book V.
of them were advantageous ; and most of them
were very pernicious to the prosperity of tlie
kingdom — by diminishing population — by ob-
structing the progress of arts and commerce —
and by involving our kings in debt, after they
had extorted more money from their subjects
than they could well afford to pay. A¥lien will
ambition listen to the voice of reason and huma-
nity, and permit mankind to enjoy the gifts of
nature and providence in peace ?
Illegal me- Whcii all the Ordinary and extraordinary re-
raiiing mo. vcnucs of the crown proved insufficient to defray
"^y* the expences of a war, our kings had recourse to
various expedients, some of them neither honour-
able nor lawful, to procure money. Edward IV.,
for example, not only carried on trade like a com-
mon merchant, but also solicited charities, which
he called benevolences or free gifts, like a com-
mon, or rather hke a sturdy beggar. Having ex-
pended all the aids granted to him by parliament,
in preparing for an expedition into France, A.D.
1475 ; he sent for all the rich lords, ladies, gen-
tlemen, and merchants, of whoin he had procur-
ed a list, received them with the most captivat-
mg affability, represented the greatness of his
necessities, and earnestly intreated them to grant
him as great a free gift as they could afford, ac-
companying his entreaties with smiles and pro-
mises, or frowns and threats, as he saw occasion.
Being a handsome, gallant, courteous, and popu-
lar prince, he was exceedingly successful in his
solicitations, particularly with the ladies, and col-
lected a greater mass of money than had ever been
Chap. 3. Sect. 1. CONSTITUTION, &c. 83
in the possession of a king of England*. This
mode of raising money appeared to be so danger-
ous to the liberties of the kingdom, as well as
hurtful to particular persons, who were induced
to contribute more than they could afford, that
an act of parliament was made against it 1st
Richard III., A. D. 1483 ; and in the preamble
of that act, the pernicious effects of it are paint-
ed in very strong colours : *' INIany worshipful
" men of this realm, by occasion of that benevo-
" lence, were compelled by necessity to break up
" theu' households, and to live in great penury
" and wretchedness, their debts unpaid, their
" children unpreferred, and such memorials as
" they had ordained to be done for the wealth
" of their souls, were anentized and annulled, to
" the great displeasure of God, and destruction
" of this realm f." Several other pitiful and ille-
gal arts were used by the kings of England, in
this period, to extort money from then* subjects,
which are better buried in oblivion than record-
ed in history t-
The powers and prerogatives of the kings of England
England in this period were not distinctly mark- monarchy;,
ed or ascertained, and therefore depended in some
measure on the character of the king, and the
circumstances of the kingdom. In general, how-
ever, it may be safely affirmed — that they were
very far from being possessed of arbitrary power
— that the distinction between an absolute and
• Hist. Croyl. p. 558. Fabian, f. 222. Hall, f. 227. Grafton, p. 71t>.
f Statutes, 1st Rich. III. c. 2.
\ Ste Cottoni Posthiima, p. 163 — 202.
«
ti
((
ti
t(
84 HISTORY OF BRITAIN. Book V.
limited monarchy was perfectly well imderstood
•—and that England was a limited monarchy.
** Ther be two kynds of kyngdomys (says Sir
" Jolm Fortescue, who wrote in this period) of
** which that one ys a lordship, call id in Latyne,
" Dominium rcgnle, and that other is callid Uo-
" minium poUfi cum ^ regale. And they dyversin
" (differ) in that the first may rule his people by
" such lawys as he maky th himself ; and therefor
he may set upon them talys (taxes) and other
impositions, such as he wyl hymself, without
their assent. The secund may not ride hys
people by other lawys than such as they as-
senten unto ; and therefor he may set on them
none impositions without their own assent*."
That great lawyer, in the subsequent chapters of
his book, enumerates the advantages that Eng-
land derived from being a Dominium politicum c^
regale, or a limited monarchy ; and the miseries
that France endured from being a Dominium re-
gale, or an absolute monarchy. It was also un-
derstood, that the kings of P2ngland could neither
repeal nor change any standing law of the land
by their own authority, without the consent of
parliament. " A king of England cannot, at
*' his pleasure make any alterations in the laws
■* of the land ; for tlie nature of his government
" is not only regal but political f." I am not so
certain that it was understood to be a part of
the constitution of England in this period, that
• Sir John Fortescuc, on the difference between an absolute and limit-
ed monarcliy, c. 1 .
f Fortescue de Laudibus Legum Angh'a;, cap. 9.
Chap. 3. Sect. 1. CONSTITUTION, &c. 85
the king could not interpret the laws, and ad-
minister justice to his subjects in person, but
only by his judges. This, however, was so much
ttie practice, that I have met with only one ex-
ception to it, if it is indeed an exception. Ed-
ward IV., in the second year of his reign, sat
three days together during Michaelmas term, in
the court of King's Bench ; but it is not said that
he interfered in the business of the court ; and
as he was then a very young man, it is probable
that it was his intention to learn in what man-
ner justice was administered, rather than to act
the part of a judge*. The same prince, in the
17th year of his reign, A. D. 1477, when the
country was overrun with numerous gangs of
robbers, accompanied the judges of assize in their
circuits ; but his design in doing this seems to
have been to prevent the judges from being in-
sulted or intimidated, and to secure the execu-
tion of their sentences f.
But though it was well miderstood, that the Dispens-
kings of England, in this period, had no right to *°^'
make, repeal, or alter the laws of the land by
their own authority ; it is very certain, that they
frequently took upon them to dispense with
these laws, and to grant permission to particular
persons or societies to violate them with impu-
nity. Of this many examples might be given ;
one of each kind will be sufficient. There was
not any one law of England made with greater
• Trussel's Continuation of Daniel's Hist. p. 184. Stowc, p. 416.
t Hist. Croyl. a Gale, vol. I. p. B59.
86 HISTORY OF BRITAIN. Book V.
deliberation and solemnity, or to which the peo-
ple had a stronger attachment than that of 16th
Richard II. ch. 5. against procnring or purchas-
ing provisions to benefices from the Pope ; and
yet Henry IV. granted a dispensation from that
law, by name, A. D. 1405, to Philip Bishop of
Lincoln, with a permission to procure provisions
from the Pope for twenty-four discreet and vir-
tuous clerks, graduated or not graduated*. That
money was paid to the King for this dispensa-
tion, there is little room to doubt ; and that the
words discreet and virtuous were mere words of
course, is equally clear ; for if the Bishop and his
clerks had been remarkably discreet and virtu-
ous, they would hardly have desired a dispensa-
tion from so good a law. Edward IV. in the
second year of his reign, A.D. 1462, made a most
extraordinary use of this dispensing power; and,
to secure the clergy in his interest, granted them
permission to violate all the laws of the land, or
rather all the laws of God and man, prohibiting
all his judges and officers to try or punish any
archbishop, bishop, or other clergymen, for trea-
son, ravishing v/omen, or any other crime f. But
whether this dispensing power, which was car-
ried to such an extravagant length was consider-
ed in those times (as it probably was and certain-
ly ought to have been considered) as a violent
illegal stretch of the prerogative, I have not been
able to discover, as I do not remember to have
met with any complaints on that subject.
* Rym. Feed. torn. S. p. 409. f Wilkin. Concil. toni. 3. p. 583.
Chap. 3. Sect. 1. CONSTITUTION, &c. 87
Thoiiffh the feudal system of government, or Preroga-
rather tyranny, that gave so many pernicious pre-
rogatives to the fii'st kings of England after the
conquest, had been long declining, and, like an
old Gothic castle that had never been repaired,
was now almost in ruins ; yet our kings, in this
period, still retained some of these prerogatives
that were very inconvenient and distressful to
their subjects, as the wardship and marriages of
the tenants of the crown, purveyance, &c. It is,
however, evident that these prerogatives were
now exercised with much greater lenity than
they had been in former times, owing to the
greater dependence of our kings upon their sub-
jects. Purveyance, in particidar, was limited by
various statutes, and reduced within the follow-
ing bounds. " The King, by his purveyors,
" may take, for his own use, necessaries for his
" household, in a reasonable price to be assessed
" at the discretion of the constables of the place,
" whether the owners will or not ; but the King
" is obliged by the laws to make present pay-
" ment, or at a day to be fixed by the great
" officers of the household*." It seems to have
been an undisputed prerogative of the kings
of England in this period, to press, not only
sailors and soldiers, but also artificers of aU
kinds, and even musicians, goldsmiths, and em-
broiderers, into their servicef . They also natu-
ralized foreigners by their own authority; of
• Fortescue dc Laudibus, &c. ch. 36.
t Rym. Feed. tom.ll. p. 375. 832.
^
8^ HISTORY OF BRITAIN. Book V.
wliicli many examples might be produced*.
lint it is not necessary to revive the memory of
these and tlie hke exploded prerogatives, which,
haj)pily both for the crown and country, are
now foi'<>;otten.
Offices In 'pi^g numerous civil offices, as well as eccle-
tlie King s
g'it. siastical benefices, which the kings of England
had in their gift in this period, added not a Httle
to their power and influence. " The kyng (saith
" Sir John Fortescue, in the reign of Edward
" IV.) givyth moo than a thousand offices, be-
" sydes thoos that my lord prince gyvith, of
** which I rekyn the officers as the kyng's offi-
" cers. Of thees officers sum may despend by
" the yere, by reason of his office, 2001., some
" lOOL, some 401., some .50 marks, and so down-
" wardf ." These salaries appear contemptible
in our eyes ; but they were valuable in those
times ; and the use that might be made of them,
for attaching many persons to the interest of the
crown, was perfectly well understood. " Sum
" forester of the king's (saith the same gi'eat
** lawyer and politician, Sir John Fortescue)
" that hath none other livelood, may bring moo
men into the fild, well arrayed, and namely
" for schoting, than may sum knight, or sum
esqueer, of right grete livelood, dwellyng by
hym, and having non office. What than may
" gTete officers do ; as stewards of grete lord-
" schippis, receyvers, constables of castellis,
* Rym Fijcd. torn. 10. p. 2. 74
-f- Sir Joliri Fortescue on the tlifferenct- between an absolute and limited
nioncirchy, cli. 17.
i(
Chap. S. Sect. 1. CONSTITUTION, Sec. 89
" master-foresters, and such other officers ; be-
" sides the high officers, as justices of forests,
"justices and chamberleyns of countries, the
warden of the ports, and such others ? For
soth it is not lightly estimable what might the
king may have of his officers, if every of them
" had but one office, and served none other man
" but the king* "
The distinction between a Idng de facto and a King de
king dcjiire^ was first known in law in this pe-
riod ; and Edward IV. gave an illustrious proof,
both of his wisdom and humanity, in confinning,
by the very fost statute in his reign, all the deeds
and acts of his three predecessors of the house of
Lancaster (with a few exceptions), though they
were, he declares, only kings in fact, and not of
right. How many noble families would have
been preserved from ruin, if such a law had been
made at the beginning of this period !
To conclude : Though the constitution, go- England
vernment, and laws of England, had not yet ar- vemed.
rived at that excellence to which they have since
attained, they were considerably improved in the
course of this period, and were really better than
tliose of any other state in Europe at that time.
To demonstrate this, was the chief object of that
learned and virtuous statesman Sir John Fortes-
cue, in his curious work in praise of the laws of
England; and it is confirmed by the testimony of
one of the most intelligent foreigners who flou-
• Sir John Forlcscue on tlie UilTcrenct; between an absolute and limit-
ed monarchy, ch. 17.
90 HISTORY OF BRITAIN. Book V.
rished in those times*. Philip de Comines, after
describing the disorders that reigned in the go-
vernments of France, Germany, and Italy, and
the crnel oppressions under which the people of
all these countries groaned, concludes in this
manner: — " In my opinion, of all the states in the
" world that I know, England is the country
" where the commonwealth is best governed, and
*' the people least oppressedf ." INIay the inha-
bitants of this happy island ever enjoy, and never
abuse this most desirable of aU distinctions !
SECTION ir.
History of the Constitution, Government, and Laws of
Scotland, from A. D. 1400, to A. D. 1488.
Distracted \ qr mauv vcars before the untimely death of
state oi "^ •' *'
Scotland Alexander III., A. D. 1286, and of his OTand-
1 4tii cen- daughter JMargaret, commonly called The Waklen
tu'yj of Norway, heiress of his dominions (who survived
him only four years), Scotland enjoyed as much
prosperity and peace, with as good government
and laws, as any kingdom in Europe in those times.
But after these events, that unhappy country suf-
fered a sad reverse of fortune, feU into the most
deplorable disorder and confusion, andbecamethe
scene of a long series of the most destructive wars,
which threatened it with desolation. This was
owing — to the disputed succession to the throne;
— to its situation in the same island, with a much
* Sir John Fortescue de Laiidibus Legum Anglise, passim.
f Philip de Comines, b. 5. ch. 18.
Chap. 3. Sect. 2. CONSTITUTION, &c. 9I
greater, more opulent, and more powerful king-
dom ; — and to the ambition of Edward I., and
Edward III., two of the most warlike kings of
England, who ardently desired to subject it to their
authority. In the course of this long and bloody
struggle, Scothmd was frequently overrun, and
in appearance subdued; but the spirit of its inha-
bitants was invincible, and baffled all the efforts
of their two powerful neighbours to deprive them
of their independency. In these circumstances no
improvements in legislation could be expected ;
which is the reason that the account given in the
eighth volume of this work, of the constitution,
government, and laws of Scotland, in the four-
teenth century, is so short and unsatisfactory,
What did not exist could not be described.
The circumstances of Scotland in the first ^^<^ ''^s'"-
ning ot the
twenty-four years of our present period, were no i5th.
better in this respect than they had been in the
former. It was then governed (if it can be said to
have been governed) by two successive regents,
who made no new laws, and had not authority to
execute the old. The last of these regents, Mur-
doch Duke of Albany, was universally contemp-
tible, and had little or no authority even in his own
family. When James I., therefore, returned from
his long captivity in England, and mounted the
throne of his ancestors, A. D. 14:24., he found
every thing in the greatest disorder ; the laws
despised, — the royal autliority almost annihi-
lated,— the patrimony of the crown dissipated, —
arts and commerce in a languishing state, — the
Parlia-
ment.
92 HISTORY OF BRITAIN. Book V.
nobles factious and turbulent, — and the people
indigent and oppressed,
But tliat excellent prince applied himself with
equal wisdom and vigour to remedy these disor-
ders, aTid his efforts were not unsuccessful. With-
out loss of time he held a parliament at Perth,
May 26, in which, and his subsequent parlia-
ments, many acts were made that appear to have
been well calculated to restore the authority of
the laws, the prerogatives of the king, the pa-
trimony of the crown, the safety and prosperity
of the people ; of which it will be sufficient to
give a few examples on each of these heads.
^f Ihe""*^ For restoring the authority of the laws it was
i^a«^- enacted, " by the king, with the assent and deli-
" verance of the three estates, that all and sindree
" the kingis liegis of the realm, leef and be go-
" vernit under the king's laws, and statutes of the
" realm*." An act that never would have been
thought of in a more settled state of government;
but tliat was very necessary when law, and the
obligations to obey it, were almost forgotten. By
the same parliament it was enacted, " That six
" wyse men and discreit, of ilk ane of the three
" estatis, quhilk knawcs the lawis best, sal be
" chosin, that sal see and examine the buikis of
" law, that is to say, Regiam Majestatem and
" Quonlam Attachiameiita, and mend the lawis
" that neidis mendimentf ." The last act of tlie
thii'd parliament of James I. held in March A.D.
* Records of Parliament, James 1. act 53. Black Acts, f. 9.
f Id. act 60.
Chap. 3. Sect. 2. CONSTITUTION, &c. 93
1426, effectually provided for the promtdgation
of aU the laws that had been made in that and the
two preceding parliaments*. But as the best laws
are of little value if they are not properly execut-
ed, it was one of the first cares of this wise prince
to provide for the due execution of the laws and
administration of justice. By the sixth act of his
first parliament, " it is ordainit, That thair be
" maid officiaris and ministeris of law, throw all
" the realme, that can or may had the law to
" the kino-'s commonis, and sic as lies sufficientlie
" of theirawin,quhairthrowtheymaybe punishit
*' giff they trespass. And giff ony be infeft of sic
" offices of befoir,and ar not sufficient to minister
" thairin in proper person, that othoris be or-
" danit in their stedes ; for the quhilk they that
" lies sic offices of the king in fee be halden to
" answer to him giff thay trespass f." By these
and several other acts, James I. raised law from
the dust, and placedherAvith dignity on the bench.
For reviving the prerogative of the sovereign, Preroga-
severe laws were made against treason, and all king.
who aided or entertained traitors ; against bonds
or combinations for resistino; the kino; and his
officers in the administration of justice and exe-
cution of the laws ; against private war ; against
the crime called Leemigmaliug, or spreading
such defamatory reports of government as had
a tendency to disturb the public peace, and
create discord between the king and his sub-
jects, &c. &c.t
• Records of Parliament. James T. not 77. f Id. act 6.
\ llecords of rarliaineiits. IJlack Acts, act 2, S, 4. 33. 47.
94 HISTORY OF BRITAIN. , Book V.
Patrimony For I'ecoveriiig the patrimony and revenues
awn. of the croAvn, his first parhaniciit granted the
greater customs on all goods ex])ortcd and im-
ported, with the smaller internal tolls at fairs and
markets, to the king, for the support of his
household*. The same parliament appointed
commissioners to make inquiry, in every shire
of the kingdom, what lands had belonged to any
of the three preceding kings, David II., Robert
II., and Robert III., that such of them as had
been alienated by the two regents might be re-
sumed f. The confiscation of the great estates
of the Duke of Albany and his sons, brought a
great accession of wealth to the crown, which
was further increased by the resumption of the
earldoms of IMarch and Strathern.
Oppression Wlicu Jamcs I. returned from England, he
peojL found the common people of Scotland in great
distress, and groaning under hardships and op-
pressions of various kinds. The country was
not only overrun with beggars, but still more
cruelly harassed by troops of lawless banditti,
called soniers, who roamed from place to place,
living every where at free quarters, chiefly upon
the poor farmers. James I., in his very first par-
liament, made a very wise law for the regula-
tion of beggars. By that law, if any persons
above the age of fourteen, and under seventy,
presume to beg in boroughs without badges
from the magistrates, or in the country without
badges from the sheriff, they shall be seized and
* Black Acts, act 8. f Ibid, act 9.
Chap. S. Sect. 2. CONSTITUTION, &c. 95
compelled to labour, under the penalty of being
burnt on the cheek, and banished the country*.
To relieve the country from sorners, sheriffs were
invested with power to apprehend, imprison, and
punish them ; and were du-ected to inquire at
eveiy head court if there were any sorners within
the shire f. But this proved an obstinate evil,
that subsisted through several succeeding ages,
in spite of many severe laws. Finally, by restor-
ing authority to law, and providing for the ad-
ministration of justice, the common people were
protected from many injuries to which they had
formerly been exposed ; and this excellent
prince, in the short space of thirteen years, made
great improvements in the government of his
kingdom ; and would have made still greater, if
he had not been cut oflp, in the prime of life, by
the hands of cruel assassins.
James II. pursued the plan of his illustrious James 11.
father ; and many acts of parliament were made
in his reign for the improvement of the consti-
tution, by securing the rights and revenues of the
crown, the authority of the laws, and the regu-
lar administration of justice ; of which it will be
sufficient to mention a very few. By repeated acts
in the minority of .Tames II. all the lands and
goods that had belonged to his father at his
death, were secvu'ed to him tiU he arrived at the
age of twenty-one years j:. After the forfeiture
of the great estates of the family of Douglas, a
* Black Acts, act 27. f Ibid, act 7.
t Ibid. f. 27.
96 HISTORY OF DRITAIN. Book V.
remarkable law was made, A. D. 1455, annex-
ing many castles and lordshi])s to the crown,
and declaring them unalienable, without the
consent of parliament, because (as it is said in
the preamble) " the poverty of the crown is oft-
" times the cause of the poverty of the realm*."
Some severe acts were made for securing the
person and authority of the king, and for pu-
nishing those who attempted any thing against
them, or favoured such attemptsf . The follow-
ing clause in one of these acts hath been the
subject of waiTn political debates, though it
seems to be very plain. " Those that assailzies
; " castelles or places quhair the kingis persoun
if sail happen to be, without the consent of the
5* three estates, sail be punist as traitouresf."
From this clause it is very plain, that the three
estates supposed a case might occur whefi it
would be proper for them to command a castle,
in which the king's person was to be assaulted :
and the case they had in view most probably
was this ; when the king had been seized, and
was detained by some powerful faction against
his wiU, which too often happened in those
turbulent times. The acts that were made ih
the reign of James II., for establishing tlie aui-
thority of law, and the regular administratioti
of justice, will come more properly under our
view in describing the courts of justice. Few
• Black Acts, f. 34. f Ibid. f. 29, 30.^ '^
j Ibid. James II. act 2.5. See account of the rights of the parliaments
of Scotland— Abcrcromby's Martial Atchieveinents. vol. 2. p. 345.
Chap. 3. Sect. 2. CONSTITUTION, &c. 97
laAvs were made for the improvement of the con-
stitution in the unhappy reign of James III.
The prerogatives of the kino-s of Scotland, in ^'"5*^ p"^*^-
this period, were the same, in speculation, with
those of the kings of England, being, like them,
sovereigns of a limited monarchy ; but, in fact,
they seldom enjoyed so much power. This was
owing to the power and turbulence of the great
nobility; to the inide state of some parts of their
dominions, particularly of the Highlands and
islands, where the authority of the kmg and of
the laws was but little regarded ; and chiefly to
the long and frequent minorities of our kings,
as the crown always lost some power when it
was worn by a child. It plainly appears from
the records, and even from the printed statutes,
that the kings of Scotland, in this period, con-
sulted their parliament on subjects that belong-
ed to tlieir own prerogative ; such as declaring
and conducting war ; making peace or truce ;
granting pardons, coining money ; sending am-
bassadors, &c.* But it is probable that they
were induced to do this from prudential consi-
derations, and because they stood in need of the
personal or pecuniary aid of their subjects, on
all these occasions. None of the kings of Scot-
land, in this period, attempted to impose the
smallest tax without the consent of parliament.
• See Records of Parliament — Black Acts, Jaine» I. act 25. 50.
James II. act 15. 34. H. 62. James III. act 9.2. 55, 5C. 6'J. ^0. 111.
iI2. 126.
VOL. X. H
estates.
9g HISTORY OF BRITAIN. Book V.
State of As all these improvements in tlie eonstitution,
parliament. '^ /. ^ i i i
government, and laws of Scotland, were made
by the adviee and authority of parliament, it is
proper to give a short and plahi description of
those assemblies in this period. The orighial re-
cords, or rather minutes, of many of these par-
liaments arc still extant ; and though they are hi
general very short and unsatisfactory, it is from
them the following description is chiefly taken.
Tiiree Though all the members of the parliaments
of Scotland sat in one house, they were of three
different orders in society, which were called the
three estates. TJie first of these estates was com-
posed of the archbisliops, bishops, abbots, priors,
and a few other dignitaries of the church. The
second estate consisted of the dukes, earls, lords
of parliament, barons, and freeholders. The
commissioners of boroughs formed the third
estate*. It appears from the rolls of parliament,
that the members of the fu'st and second estates
were far more numerous than those of the third;
and being also of higher rank and greater power,
they had, no doubt, proportionably greater in-
fluence ; and it is not improbable, that a con-
sciousness of their own insignificancy was the
reason that so few commissioners of boroughs
(seldom above fourteen or fifteen) attended any
parliament!. From the same evidence we also
find, that very few of the small barons and free-
holders attended parliaments in this period, and
Chap, 8. 8ect. 2. CONSTITUTION, Ac. .igf
that these assemblies consisted chiefly of spirit-
ual and temporal lords*.
It was the king's undoubted prerogative to call h«^ <"»"-
parliaments, and to appoint the time and place
of their meetings ; which he did by sending spe-
cial letters imder his signet to all the prelates and
great lords, and by issuing general precepts out
of chancery, to be published edictually by the
sheriff of every shire, commanding all lords, pre-
lates, barons, freeholders, and commissioners of
boroughs to attend a parliament that was to
meet at such a time and place f. This mode of
summoning parliaments is a further indication
of the superior importance of the aristocracy, as
lords and prelates were summoned both by spe-
cial letters and by general precepts, and the other
members only by general precepts.
We find no vestiges in the records, of speeches Proceed.
«... '"gs-
made by the king, or any of his ministers, at the
opening of parliaments ; though it is highly pro-
bable that something was said concerning the
reasons of calling them, &c. A roll was prepar-
ed, containing the names of all who had a right,
or rather of all who were bound to appear in par-
liament, which was called over at the first meet-
ing of every session. Anciently the records on-
ly bear, " That all who were able and willing to
'* come were present ; that some who were ab-
" sent had sent excuses ; that others were absent
• Records, passim.
t Uecords, James III. A, D. 1478 Kainc's' Essays, p. 58. 04, &c.
*ces
100 HISTORY OF BRITAIN. Book. V.
" without excuse ; and that each of tliese last
•' was fined lOl. for liis contumacy ;" but from
A. D. 1478, downAvard, the names of all who
were present are recorded*."
Commit- After the roll was called, the parliament pro-
ceeded to appomt three committees, each com-
posed of three members of each of the three
estates. The first of these committees was called
the committee pro art'icuUs advisandis (on the
articles). The business of this committee was,
to receive petitions, pi'oposals, and overtures,
and to form such of them as appeared worthy of
attention into bills to be laid before parliament.
This committee was afterwards called " The
" lords of the articles," and became the subject
of much political artifice and contention. The
second committee was called ad jiaUcia (on
judgments), and, like the former, consisted of
three prelates, three barons, jmd three burgess-
es, who were to sit as judges in all criminal
prosecutions that were brought before parlia-
ment. The third committee was constituted
in the same manner with the other two, and
was called ad causas (on causes) ; its members
sat as judges in all civil causes that were brought
into parliament by appeals from the inferior
courts f. These committees were evidently in-
tended to dispatch the business, and shorten the
duration of parliaments ; and they were well
* Records, ;)(!.vM»». See a roll of parliament, A. D. 1487. Ai)pendix.
f iSee the members of these three committees, A. IX 1478. Appendix.
lit t
Chap. 3. Sect. 2. CONSTITUTION, &c. 101
adapted to answer that intention, as they com-
prehended the three great branches of parliamen-
tary business ; making new laws, and pronouncing
judgment in the last resort, in criminal and in civil
causes. The committees on judgments and on
causes were invested with parlianientary powers
which rendered their sentences final ; and the
members of them took an oath to determine ac-
/cording to law and justice*. The appointment of
these three committees finishedthe transactions of
the first day of every parhament ; and those mem-
bers who were not on any of these committees
were at liberty to dispose of themselves as they
pleased, till matters were prepared for a second
meeting.
The constitution of the committees on the ar- Ao-istc
cracv.
tides, judgments, and causes, had a great appear-
ance of equity, and seemed to give an equal degree
of power and influence to each of the three estates.
But that appearance was quite destroyed by ano-
ther law, that gave a seat and vote in each of
these committees to all the lords of parliament
who chose to claim them, which threw the whole
power into the hands of the aristocracy .f
As soon as the committee on the articles had ?f':?"f
prepared their several biUs, another meeting of
the whole parliament was held, at which these
biUs were read, debated, and either passed or re-
jected; after which the parliament was adjourned
or dissolved^ . When the committees on judg-
• James I. pari. 6. act 93. t See Records,
I Records, ;)ni«>i.
session.
two
houses
102 HISTOllY OF BRITAIN. Book V.
nicnts and causes had not finished their business
before tliis last meeting, their parliamentary
powers were prolonged, till they had determined
all the causes that had been committed to them*.
By these contrivances, the sessions of the parlia-
ments of Scotland were rendered very short, and
seldom exceeded five or six days. The last session
of the last parliament of James III. sat fifteen
days, and was the longest I have met with in
the records of this period f.
to Io"m' James I. formed a design of dividing his pai*-
liament into two houses, in imitation of that of
England. With this view he obtained an act of
his seventh parliament, A. I^. 1427, containing
the following clauses : — " 1. That the small ba=-
" ronis and free tennentis need not to come par-
" liaments, swa that of ilk sheirifdome thair be
" send, chosin at the heid court of the shirief«-
*" dome, twa or maa wyse men^ after the largc-
'." nes of the sherefdome, outane the sherefdoms,
'*' of Clackmannan and Kinrossie* of quhilkes
" ane be send of ilkane of thame, the quhilk sail
'• be ^allit commissaris of the sliire. 2. The
" quhilk commissaris feal have fidl and hail power
*' of all the laif of the sherifdome, under the
*' witnessing of the shereffis seill, with the seillies
" of div^s bariunies of the shife, to heir and
•' treit, and finally to determine all causes to be
" proponit in counsal or parliament. S. Be thit
" commissaris of all sliires sal be chosen ane
" wyse man and expert^ callit the commoun spei-
■* iAccorM,' imsiim- f See Records.
Chap. 3. Sect. 2. .CONSTITUTION, &c. 103
" kar of the ixirViament ; the quhilk sail pro-
" pone all and sindrie neidis and causes perten^
" ing to the commounis in the parliament
*' 4. The commissaris and speakaris sal have cost-
'* age of thame of ilk shire that aw coraperance
" in parliament*." This very remarkable act
was evidently copied from the practices that pre-
vailed in England, and was intended to establish
a house of commons in Scotland ; but unhappily
it was never carried into execution. Whether this
was owing to the negligence of the small freehold-
ers, or to the opposition of the great lords, or to
what other cause, we are not informed. By a sub-
sequent law in the reign of James II., A. D. 1457,
all freeholders who had not 201. a-year were ex-
empted from attending parliaments, but without
any mention of representation! .
The chief courts of law in Scotland, in this couna of
period, were not fixed to one place, like those of ^*"*
England, but were ambulatory, and occasionally
held in all the different corners of the kingdom,
for the|accommodation of the lieges. The two
committees of parliament already mentioned,
called the committees on judgments, and on
causes, were in reality courts of law, and the
highest court of the kingdom, exercising that
supreme and ultimate jurisdiction which is now
exercised by the house of peers in the British par-
liament. These committees, or courts, met at
the same time and place with the parliaments,
of which their judges were members.
* James I. pari. 7. a, 112, t James II. act 85.
10 J; HISTORY OF BRITAIN. Book V.
Session. Another high court of law, called the session^
is often mentioned in the monuments of this
period. This court had no stated establishment,
but was occasionally constituted by parliament
for a short time, most commonly for one year.
Parliament also named the judges, and appoint-
ed the times, places, and duration of the sittings
of this court. The judges were always nine in
number, three prelates, three barons, and three
bugesses, who had neither salaries nor perqui-
sites. The parliament, for example, at Edin-
burgh, in March, A.D. 1457, appointed three
sessions to be held that year : one at Edinburgh,
one at Perth, and one at Aberdeen, each to con-
tinue forty days ; and named the judges in each i
of these sessions, with the day when each session
was to begin*. The constitution of this court ap-
pears to have been very unsettled, and underwent
various changes in the course of this period, ,y
which need not be mentionedf . (j
.Justiciary. The officc of justlclary was one of the highest r^
offices in the several kingdoms of Europe, in the sa
middle ages. In England it was abolished, or ra- if:
ther discontinued, because the powers annexed
to it were thought to be too great for a subject
to possess. In Scotland it was kept up ; and
' the justiciar-general, in this period, was at the
head of the law, and the chief dispenser of -mt
justice. This great officer, in person, or by his
deputies, held justice-airs, as they were caUed, ,xKi
• Records, James II. acts 68, 69, 70.
f Records, James I. acts 72, 73, 74, 75.
Chap. S. Sect. 2. CONSTITUTION, &c. 105
twice a-year, once in the spring, and once in
autumn, in every county of the kingdom, at
which the sheriif, with all the barons and free-
holders of the county, were obliged to attend*.
At these courts were exercised all that juris-
diction that is now exercised by the court of
justiciary at Edinburgh, and by the lords of justi-
ciary in their circuits.
The chamberlain was another great officer of ^'^"iber-
o lam.
the law in this period. His jurisdiction was in
a great measure, if not altogether, confined to
the royal boroughs of the kingdom, in which
he held courts, called chamberlain-airs. To
these courts the magistrates, as well as the in-
habitants of boroughs, were amenable ; and in
them all complaints of the people against their
magistrates, or of the magistrates against any of
the people, or of one burgess against another,
were heard and determined. In them also the
chamberlain collected the royal revenues, re-
gidated weights and measures, removed nui-
sances, and in a word, took cognizance of every ,
thing respecting the police of the borough where
the court was heldf .
When any person thought himself injured by Court of
the sentence of a particular chamberlain-court, boroughs.
he could not appeal either to the justiciar-ge-
neral, to the King in council, or even to par-
liament, but only to the court of the four
boroughs, as it was called, whicli alone had
* .Tames II. act 5 ; James III. act 76. Rcgiam Maicstatem, p. 300.
t Id. p. 231.
10^ HISTORY OF lUlITAIN. Book V.
authority to review the sentences pronounced in
the chaniberldin-airs. The boroughs, whose
commissioners composed this supreme court,
or little ])arliament, were anciently, Edinburj^li,
Stirling, Berwick, and Roxburgh ; but after
these two hist fell into the hands of the Knglish,
I^anark and Linlithgow were substituted in then-
places. Each of these four borouglis were
obliired bv law, " to send three or four of their
" most discreet burgesses, having lawful com-
" mission, to compear personally before the
" chamberlain at Haddington, they being law-
** fully summoned to that effect ; and there the
" riirht or the wronff of the sentences com-
" plained of shall be discussed and detennined
*? by them. And it is understood, that the de-
h cisions of this court of the four boroughs, as.
*^ sembled before the chamberlain, are as avail-
;^ able amono- buroesses as if they had been
'^ done in parliament*." The reason of this
remarkable institution (which was of great anti-
quity, and continued long) seems to have been
this,— that burixesses were believed to be the
best jndges of idl the disp\ites and cxjntroversies
that arose among burghers.
Hereditary The ancicut kings of Scotland not only dimi-
nished the patrimony of the crown, by improvi-
dent grants of land, but they also diminished its
jiwt powers and prerogatives, by. imprudent
grants of various powers, privileges, and juris-
dictions, to their favourites, which rendered them
' Kfgiam I\I:tjestalt'm, i". -'67.
Chap. 8. Sect 3. CONStlTUTION, Ac. 107
1(Hj gre&t for subjects^* and almost wholly inde-
pendent; The lofds of regalitieSj for example,
had obtained so many exemptions, powersj and
privileges, that they were in reality petty kings,
and their teirltofies petty kingdoms, locally si-
tuated within Scotland, but very little connect-
ed with it. These lords had their officers of
state, their judges, and their courts, as Well as
the king ; and in these courts they tried all man-
ner of causes, and inflicted all manner of punish-
ments ; and when they pleased, they pardoned
the greatest criminals*. The kings who reigned
in this period saw and felt the evils arising from
these little kings and little kingdoms included
in their dominions, and earnestly desired to mi-
tigate those evils. With this view, James I.
obtained several acts of parliament, to compel
lords of regalities, and their officers, to execute
the laws, and to enable the King to punish them
for refusing to do justicef . James II. proceed-
ed still further, and procvired the two following
wise and salutary laws, A.D. 1454: " 1. That
" all regalities that are now in the King's hands
" be annexed to the royalty ; and that in time
" to come there be no regalities granted, with-
" out deliverance of the parliament. 2. That
" there be no office, in time to come, given in
" fee and heritage*." But these excellent laws
were soon forgotten ; and the hereditary powers
* See a pardon by the Archbishop of St Andrew's, Appendix,
t Jaims I. acts 101, 105.
\ Jamts II. acts 4C, 47.
105 HISTORY OF BRITAIN. Book V.
and jurisdictions of barons and lords of regality
continued to be a blemish in the constitution of
Scotland for about three centuries after these
laws were made.
The powers and jurisdictions of sheriffs, and
of the magistrates of boroughs, have undergone
so few changes, and are so well known, that
they need not be delineated.
THE
r.-iTj
HISTORY
OF
GREAT BRITAIN.
BOOK V.
CHAP. IV.
HISTORY OF LEARNING IN GREAT BRITAIN, FROM Till-
ACCESSION OF HENRY IV. A. D. 1399, TO TKE ACCKS-
SION OF HENRY VII. A. D. 1485.
SECTION I.
State of Learning in Britain from A.D. 1399, to
A.D. 1485.
The darkness of that long niglit of ignorance Age of
which oversliadowed Europe, from the fall of the '§"•"•="'"■
western empire to the revival of learning in the
sixteenth century, was not equally profound at
all times and in all places. In Britain particu-
larly, some gleams of light appeaj-ed at differ-
ent times, as in the age of venerable Bede — of
110 HISTORY or BRITAIN. Book V.
Ak'iuiius — of Alfred the Great — and of Friar
Bacon*. l>iit these gleams were neither very
bright, nor of long duration ; and as soon as the
luminaries which produced them were extin-
guislied, the former darkness returned. This is
so true, that the present period, though it imme-
diately preceded the revival of learning, was, in
liritain, one of the darkest, and furnishes fewer
materials for literary history than any former
period ; for which reason, a very brief delinea-
tion of it in this place will be sufficient. No art
or industry could render a long, minute detail
of the learning of an illiterate people, in a dark
age, instructive or entertaining.
Greeks in ^^^ ^lic dccliue and fall of the western empire
Italy. were the chief causes of the decline and almost
extinction of learning in all the countries which
had composed that empire, so the decline and fall
of the empire of the east proved the chief causes
of the revival of learning in the west. For when
the dissolution of that empire visibly approach-
ed, several learned Greeks retired into Italy, to
avoid impending ruin, and when its capital Con-
stantinople, was taken by the Turks, A.D. 1453,
a much neater number fled into the same coun-
try. Th^e these learned exiles met with a kind
reception ; and, under the patronage of the Ro-
man pontiffs, and the princes of the illustrious
house of Medici, they taught the language and
philosophy of the Greeks with great success. It
will be a sufficient proof of this to mentipn the
• Soe vol. 4 p, 25 — :''>. vol, 0. c. 1, vol. 8. c. 4. § 2.
Chap. 4. Sect. 1. LEARNING, &c. HI
names of a few of tlieir disciples, as Daute, Boc-
cace, Petrarch, Politian, Laurentius Valla, Agri-
cola, John Pecus Mirandula, and Marsilius Fe-
cinus, who were tlie first restorers of useful and
polite learning in the western world*.
But the progress of reviving science was very Not in
slow, and for the greatest part of the fifteenth
century was almost wholly confined to Italy.
Rodolphus Agricola, being by birth a German,
after he had studied several years under Theodo..
rus Gaza, one of the most learned of tlie Greek
exiles, returned into Iiis native country, A. D.
1482 ; where he spent the last years of his life
in the most strenuous endeavours to inspire his
countrymen Avith a taste for the Greek learningf .
But none of those learned exiles, or even of their
disciples, visited Britain in this period, if we ex-
cept one Cornellius Vitellius, an Italian, who
reiid lectures in New-College at Oxford, and was
(according to Polydore Virgil) the first person
who taught good letters in that university 1. The
effect of these lectures, however, if they produc-
ed any, must have been very transient, as that
new and better taste in the study of letters, which
had so long prevailed in Italy, was little known
or regarded in Britain till the beginning of the
sixteenth century.
Besides the general causes of the decline of Causes of
learning in Europe, in the middle ages, wliich in Britain.
* BriuJcirc IIi^.t. Pliilosopli. loin. 4. cnp. 1, 2.
f Id. itiiil. caiK 1 |). 3 1 — 38.
\ I'olyd, Virfil, Hist. Aug. p 600.
112
HISTORY OF BRITAIX. Book V,
liave been already mentioned in tliis work, there
were some particidar ones whieli increased that
evil in Britain and some other countries in this
period.
Wars. The distracted unsettled state of Britain,
France, and some otlier countries, torn by the
most furious factions, and kept in continual agi-
tation by wai-s and revolutions, proved one of
the gi-eatest obsti'uctions to the revival and pro-
gress of learning. For the wars of those times
were not carried on by standing armies, as at pre-
sent, while the rest of the people pursue their
several occupations in tranquillity ; but persons
of all ranks, the clergy not excepted, Avere called
into the field. Even the universities and seats
of learning were frequently scenes of the most
violent discord, and their streets were sometimes
stained with blood*.
Learning If learning was not despised in this period, it
was certainly very little esteemed or honoured ;
nor was it the most effectual mean of procuring
preferment even in the church. We meet v/ith
frequent complaints of the universities of Ox-
ford and Cambridge to parliament — that all the
most valuable livings were bestowed on illiterate
men or foreigners, by papal provisions, by which
private patrons were deprived of their rights, and
the best scliolai*s in the kingdom were left to lan-
j^iish in indigence and obscurity, nay, were some-
• Vide Ant. Wood, Jlist. Univer. Oxon. Bulxi Hist. Univer. Pa-
ri sien.
uot valued.
Chap. 4. Sect. 1. LEARNING, &c. 1X3
times driven to the necessity of begging tlieii-
bread from door to door, recommended to cha-
rity by the chancellors of the universities in
which they had studied*.
Two of these learned mendicants, we are told, Example,
came to the castle of a certain nobleman, who
understanding from their credentials that they
had a taste for poetry, commanded liis servants
to take them to a well, to put one into the one
bucket, and the other into the other bucket, and
let them down alternately into the water, and
to continue that exercise till each of them had
made a couplet of verses on his bucket. After
they had endured this discipline for a consider-
able time, to the great entertainment of the ba-
ron and his company, they made the verses, and
obtained their liberty f.
It was a further discouragement to the pursuit Not ro-
of learning in those unhappy times, that as the ^^''^'*^'
possession of it did not promote, so the total want
of it did not prevent, preferment; and those who
had powerful friends, or much money, though
ignorant or profligate in the extreme, were load-
ed with dignities and benefices. " I knew (said
*' Doctor Thomas Gascoigne, Chancellor of Ox-
" ford, A. D. 1443) a certain illiterate ideot, the
"son of a mad knight, who, for being the com-
" panion, or rather the fool, of the sons of a great
" family of the royal blood, was made archdeacon
• Ant. Wood, IJku Vn'ivet. Oxon. an. 1400. ad an. 14S5.
f Id. p. 22,9.
VOL. X. I
114 HISTORY OF BRITALN. Book V.
" of Oxford before lie was eighteen years of age;
" and soon after obtained two rich rectories and
" twelve prebends. 1 asked him one day what
" he thought of learning. As for learning, said
*' he, I despise it. I have better livings than any
" of you great doctors, and I beheve as much as
" any of you. ^Vhat do you believe ? I believe,
" said he, that there are three Gods in one per-
" son, I believe all that God believes*."
Schism in The long schism in the papacy, from A. D.
u.e church. ^^^^ ^^ ^ j^ ^^^^^ ^^^^^ ^^^ ^^^ll obstructiou to
the progress of real learning and useful know-
ledgef . Those who live in an enlightened age
and reformed country, can form no conception
of the consternation into which that event threw
the whole Christian world, and how much it en-
grossed the attention of kings, princes, prelates,
universities, scholars, and people of all ranks.
At a time when it was generally believed that
the Pope was the sole head of the church, the
only vicegerent of Christ on earth, and had the
custody of the keys of the kingdom of heaven,
the perplexity of all good Catholics could not
but be very gi'eat, when they saw first two and
then three po])es, each asserting, with equal con-
fidence, that he was only true pope ; that his ri-
vals were pretenders, usurpers, schismatics, and
heretics; and that they and their adherents would
certainly go to the devil. Colleges, universities,
and men of learning, neglecting their usual stu-
* Ant, WftOfl. Hist. Univer. Oxon. p. 220.
t Du Pin, Cent. XIV. c. 4. Cont. XV, c. 3.
Chap. 4. Sect. 1. LEARNING, &c. 1.15
dies, engaged v/ith ardour in this interesting
controversy^ which threatened the destruction\
of the church. Several councils were called by
the contending pontiffs, to which the principal
prelates and greatest doctors of the different
parties crowded, and spent many years in pub-
lic wrangling and private caballing, to very lit-
tle purpose*.
The gi'eat scarcity and high price of books still Scarcity of
continued to obstruct the progTess of learning.
None but great kings, j^rinces, and prelates, uni-
versities, and monasteries, could have libraries ;
and the libraries of the gTeatest kings were not
equal to those of many private gentlemen or
country-clergymen in the present age. The royal
library of France, which had been collected by
Charles V., VI., and VII., and kept with great
care in one of the towers of the Louvre, consist-
ed of about 900 volumes, and was purchased by
the Duke of Bedford, A.D. 1425, for 1200 li-
vresf . From a catalogue of that library, still-
extant, it appears to have been chiefly composed!
of legends, histories, romances, and books on as-
trology, geomancy, and chiromancy, which were-
the favourite studies of those times j:. The kings
of England were not so well provided in books.
Henry V., wlio had a taste for reading, borrowed,
several books, which were claimed by their own-
ers after Ms death. The Countess of Wcstmore-
• Du Tin, Cent. XIV. c. 4. Cent. XV. c. 3.
f Table,au historiqiie de la Bibliothoquo du Roy, p. C — If?,
t Historic de T Academic Iloyaie, 8vo., torn. 1. p. 885—395; torn. 4.
p. 446.
116 HISTORY OF BRITAIN. Book V.
liUid presented a petition to the privy council,
A. D. 1424. representing, tliat the late king had
boiTowed a book from her, contiiining the Chro-
nicles of Jerusalem, and the expedition of God-
frey of Boulogne, and praying that an order
might be given under the privy seal for the re-
storation of the said book ; which was granted
with great formality*. About the same time,
John, the Prior of Christ-church, Canterbury,
presented a similar petition to the privy-coun-
cil, setting forth that the king had borrowed
from his priory a volume containing the works
of St Gregory ; that he had never returned it ;
but that in his testament he had directed it to
be restored ; notwithstanding which, the Prior
of Shme. who had the book, refused to give it
up. The council, after mature deliberation,
commanded' a precept under the privy-seal to
be sent to the Prior of Shine, requiring him to
deliver up the book, or to appear before the
council, to give the reasons of his refusalf . These
facts sufficiently prove, that it must have been
very difficult, or rather impossible, for the gene-
rality of scholars to procure a competent num-
ber of books. The noble and most useful art of
printing, it is true, was invented in the course
of this period, and practised in England before
the end of it ; but as yet it had contributed very
little to increase the number, or diminish the
price of books.
* T?vtn. Toed. torn. 10. p. 317. f Id. iliid.
Chap, k Sect. 1. LEARNING, Ac, Hy
One of the most obvious defects in all the au- Bad tast&
thors of this period, is a total want of taste. This
a])pears both in their language and sentiments
almost in eveiy page. The truth is, the art of
criticism seems to have been quite unknown and
neglected ; and the generality of writers appear
to have had no idea of purity of style, or pro-
priety of sentiment ; but contented themselves
with clothing such thoughts as occuiTed, in the
most common and vulgar language., without
Jiuich regard even to the iiiles of grammar.
When they attempted to be pathetic or sublime
(as they sometimes did), they never failed to nm
into the most extravagant bombast. Of this the
reader will meet with an example, in a descrip-
tion of the battle of Agincourt, by turning to
the Appendix, No. 1.
The arts and sciences that were cultivated in sciences
Britain in the middle ages, have been enumer- creased.
ated in the preceding volumes of this work; and
I know of no addition that was made to the
number of them in the present period*. A a cry
brief delineation, therefore, of such changes as
took place in any of those sciences, though ge-
nerally for the worse, will here be sufficient.
Though the Latin language was still generally Latin.
used by divines, lawyers, philosophers, historians,
physicians, and even poets, in their writings, and
in all public and private deeds of any import-
ance ; yet the knowleydge of that language ap-
pears plainly to have declined in this period. Vc^
* See vol. 6. ch. 4. § 1 ; toI. S. ch. 4. vj I.
il8 HISTORY OF BRITAIN. Book V.
nerable Bode, Aleuiniis. Iloger Eacon, Joseph
Iscanius, John cxt' Siilisbury, Peter of Hlois, &c,
were pure and classical writers, in comparison of
those who liourislicd in tliat part of the fifteenth
century Avhich is the subject of this book. Tliese
last paid very little regard to the peculiar idiom
of the language, and thought they had written
yery good Latin when they had clothed English
])hrases in Latin words. Sometimes they could
not even accomplish tliis : and when they could
not find a Latin word to answer their purpose,
they Latinised an English one. Thus Wilham
of AVyrcester tells us, that the Duke of York
returned from Ii'eland, " et arrivaA-it apud Red-
" banke propeCestriam,"(and arrived atRedbank
near Chester) ; and John Rous, the antiquarian
of Warwick, says, that Thomas Grey, Marquis
of Dorset, son to Queen Elisabeth, widow of
Edward IV., and Sir Thomas Grey her brother,
were obliged to fly, "quod ipsi contravissent mor-
" tern ducis protectoris Anglias," (because they
had contrived the death of the Duke, protector
of England*). It must not, however, be imagin-
ed, that the Latin style of all the British writers
of this period was equally barbarous ; that of
Thomas Walsingham, and a few others, was less
exceptionable, tliough far from being classical.
Greek. While the Greek language w^s studied with '
great assiduity and auccess in Italy, it was almost
quite neglected and imknown in Britain, and
even in France^ in this period. The famous Gro-
* W. WyrceBtei, p. 493. J. Roksse HiM- p. 213.
Chap. 4. Sect. 1. LEARNING, &c. s^ II9
cyne, one of the first revivers of learning in Eng-
land, left his coiintiy,at the age of forty-six, A.D.
1488, and travelled into Italy, to study the Greek
language, under Chalcondilas, one of the eastern
refugees ; which is a sufficient proof, that the
knowledge of that language could not then be
acquired in Britain*. There was not so much
as one Greek book in the library of the kings
of France mentioned above ; and it was not
till A.D. 1470, that some of the eastern exiles
began to teach Greek in the university of Paris,
where it was then (says the historian) almost
quite unknown f.
There were lectures on rhetoric read in the Rhetoric.
imiversities of England in this period ; but that
art could not possibly flourish, when the learned
languages were so ill understood, and the modern
languages so imperfect f.
It would be improper to spend any time in de- Literary
lineating the state of that scholastic philosophy ^""^ ^^^'
and theology which still reigned in all the seats of
learning, and in the study of which so much time
was mis-spent by so many ingenious men. But
even in that line, few or none made any distin-
guished figure ; and we hear of no irrefragable or
angelic doctors who flourished in this period.
About the middle of it, indeed (A. D, 1445), a
kind of literary prodigy, we are told, appeared at
• A. Wood, Atheii. Oxon. voi, 1. col. 15,
f Mcmoircs de Literature, torn. 4, p. 4(53. Svo.
j Bulapi Hist. Unirer. Paris, torn. 5. p. 692. Wood Hiit. UniV,
Oxon. lib. 2, p. 4.
120 IIISTOUY OF BRITAIN. Jiook V.
I'ads, and defeated all the doetors of that univer-
sity at disputation. His name was Ferrand of
Corduba in Spain ; and though he was only twen-
ty years of age, lie was a doctor in all the four
faculties, of arts, laws, medicine, and divinity.
He was a perfect master, not only of the whole
15ible, but also of the works of Nicolas de Lyra,
Thomas Aquinas, John Hales, John Duns Sco-
tus, Bonaventure, and other divines, and of the
decretals, and other books on the civil and canon
law ; as likewise o( the writings of Aristotle,
Hippocrates, Avicenna, Galen, Albert the Great,
and other physicians. He understood and wrote
Latin, Greek, Hebrew, and Arabic ; excelled all
illuminators, painters, and musicians, in their re-
spective arts ; was knighted for his dexterity in
the use of arms ; and foretold future events by
his skill in astrology. The Parisian doctors dif-
fered in their opinions of this extraordinary per-
son, some asserting that he was a magician, and
fuU of the devil, others affirming that he was
antichrist*. It is not improbable that this young
man v/as possessed of a very extraordinary ine-
mory, a facility of acquiring languages, and
other accomplishments superior to his years ;
but great abatements must be made in the above
description to entitle it to credit.
Medicine. Tliough mcdicinc was now taught and studied
in every university, the knowledge of it was rather
• rftsfjufer, Rechcrchet de la France, p. 579; 580, Bul» Hist.
Uni\cr. Paiisicn. torn. 5. p. 534.
Chap. 4. Sect. I. LEARNING, &c. 121 «^
diminished than increased in this period. Dv
Freind, the learned historian of physic, could not
find so much as one physician in England, in those
times, who deserved to be remembered, or whose
works merited any attention. Dr Gilbert Kymer,
physician to Humphrey Duke of Gloucester,
composed a medical work called Dietarium de sa-
nitatis custodia (A Dietary for the Preservation of
Health), which is still extant. It consists of
twenty-six chapters, the third and nineteenth of
which have been printed, and contain several cu-
rious things, and some very salutary advices to
the Duke of Gloucester, on a very delicate sub-
ject*. Dr John Fauceby, physician to Henry VI.,
pretended to be an adept in the occult sciences, -
and obtained a commission from that Kmg to dis-
cover an universal medicine, called the elixir of
life, for the cure of all diseases, wounds, and frac-
tures, and for prolonging life, health, and strength
of body, and vigour of mind, to the greatest
possible extent of timef. We have no account
of the success of this undertaking. The learned
reader may see a very full eninneration of the
medicines, and medical operations, used by the
physicians and surgeons of this period, in the note
below, as they are mentioned in a commission
granted to the three physicians and two surgeons
appointed to attend Henry VI., in that severe ill- >v<l
ncss with which he was seized A. D. 1454.:}:
- Wyicester, p. 548 — 5,)8.
f Ilyin. Fred, toiii. 11. p. U79.
\ \n rt^irne niedirinalium libere nobis post-itis tninistiaru elecluaria, porti
lies, aquas, sirupos, loiiftctioiics, laxativas mcdicinas, iliilcrin, iuppo-
123
niSTOKY OF BRITAIN.
Book V.
Swenting
•ickocsft
Surgery.
An unknown and veiy violent disease appeared
in England towards the end of this period. It
was called the .sircat'niij^ ftickttcs,s. In I^ondon it
carried off two mayors, five aldermen, many other
persons of rank and opulence, with a prodigious
nudtitude of the people. It commonly killed
those who were seized with it in seven or eight
hours : and those who survived twentv-four
hours generally recovered*. It was one of the
most sinindar circumstances of this disease, that
Englishmen residing in foreign countries, it is
said, were seized with it at the same time, while
foreigners residing in England escaped f. Its
symptoms Avere alarming from the first moment,
such as, burning heat, excessive sickness, head-
ach, delirium, unquenchable thirst, vehement
pulse, and labouring breath. The physicians
had neither skill nor presence of mind to admi-
nister much relief to their afflicted patients.
This dreadful distemper first visited England
A.D. 1483, and repeated its visitations, in the
following years, viz. 1485, 1506, 1517. 1528,
and last of all in 1551 i.
In those martial times, when the people of
Britain were almost constantlv ena'af^ed in war,
we might imagine that the very useful art of
surgery v/ould be diligently studied and well
understood. Ikit this was not the case. Ana-
sitoriii, caputpurgia, >,Mrgarisniata, l>;iliiia, cpithiiiiata, foinentationes,
embrocationes, capitis rasurain, uneliones, cmplastra, ccrota, veiilosa*
cum scarificatione vcl sine, emeroidai um provocation's. Rym. Feed,
torn. 11. p. '.^Al.
* Continualio Hist.. Croyl. p. 570.
t Frcind's Hist. Tbys. vol. 2. p. S3.5. \ Id. ibid.
Chap. 4. Sect 1. LEARNING, &c. 123
tomy, without a competent knowledge of which
no man can be a skilful surgeon, was not mere-
ly neglected, but abominated as a barbarous
violation of the remains of the dead. The
niunber of surgeons in England was very small,
and few of them were famous, or much respect-
ed for their skill. AVhen Henry V, invaded
France, A. D. 1415, w^ith a great fleet and army,
he earned with him only one surgeon, Thomas
Morstede, who engaged to bring in his company
fifteen persons, twelve of them of his own pro-
fession, and three of them archers ; JNIorstede
was to have the pay of a man at arms, and his
twelve assistants the same pay with common
archers*. The same prince found it still more
difficult to procure a competent number of sur-
geons to attend his army in his second expedition
into France, and was obliged to grant a warrant
to the same Thomas Morstede, to press as many
surgeons as he thought necessary into the ser-
vice, with artists to inake their instruments f.
In these circumstances, there can be no doubt
that many lost their lives for want of proper as-
sistance in their distress. That heroic prince
Henry V., himself, it is highly prot)able, fell a
sacrifice to the ignorance of his medical attend-
ants.
Tlie operation of lithotomy for extracting the Lnhoio-
stonewas not unknown to the ancients, but seems "'^*
to have been diffused in the middle ages, and was
revived again at Paris A. D. 1474. An archer
* Rym. Feed, torn, 9. p. M7, f Id. ibid. p. 363.
12i
HISTORY OF BRITAIN. Book V.
who was tormented with the stone, being con-
demned to be hanged for robbery, the physicians
and surgeons of Paris represented to the King,
that many of his subjects Avere afflicted with that
painful distem])er for which they coidd find no
remedy, and prayed that they might be permit-
ted to try the operation of extracting the stone
upon the condenmed criminal. Their petition
was granted : the stone was extracted, and the
j)atient recovered ; which encouraged others to
submit to the operation*. But I have not met
with any evidence that this operation \\ as per-
formed in England in the })resent period: for
the circulation of literary intelligence was then
slow, which formed one obstruction, amongst
many others, to the progress of learning.
Mathema- Tlic mathematical sciences were not wholly
neglected in the darkest ages ; but they were
cultivated with little success, and with impro-
per? views. -fVstrology was so nuich the study
of the mathematicians of those times, that ma-
thematician and astrologer were synonymous
terms f. The pretenders to that fallacious sci-
ence were loaded with honoin-s and rewards ;
and in the preceding century, the wisest princes
in Europe ])aid more regard to the responses
of their astrologers than to the counsels of their
ministers i. But astrologers began to sink in
their credit in the course of this period, some
desj)ising them as impostors, and others detesting
• Moiistrelft, an. 1471. A'illaf. toni. IS. p. 121.
f l)ii Cange, voc. ^lailiein.iticus.
I Mfiiioirt* lie Literature, turn, i. \\ 4.GG, Li. S\o.
tics.
Chap. 4. Sect. 1. LEARNING, &c. 125
them as magicians, wliile too many still revered
them as men of the most consummate learning
and wisdom. One Arnold de Marests, an astro-
nomer, published a book on Astrology in France,
A. D. 1466, which made a mighty noise. The
King sent the book to the university of Paris, re-
quiring that learned body to examine it, and re-
port their opinion. The university appointed
certain deputies out of each of the four nations
to examine this work ; who reported — " That
" it contained many superstitions, many conjura-
" tions, many manifest and horrible invocations
" of the devil, with several latent heresies and
" idolatries*." In England there was a board
of commissioners, consisting of several doctors,
nectaries, and clerks, for discovering and appre-
liending magicians, enchanters, and sorcerers,
probably comprehending astrologers f. When
these commissioners had discovered one of these
offenders, they pi-ocured a wan-ant from the King
for apprehending him with all his apparatus. It
was by virtue of sucli a warrant that Thomas
Northfield, professor of divinity and sorcerer, was
apprehended at AVorcester, A. D. 1432, with all
liis books and instruments:!:.
The science or art of alchymy, which pretend- Aichymy.
cd to produce a remedy for all diseases, and to
transubstantiate tlic baser metals into the purest
gold and silver, was more encouraged by govern-
ment in the reign of Henry Vl. than any other
• HuLri Hisf. Univ. r.irix. torn. 5 )) 67".
+ Uym. I'd'il. toiii 10. p. ^52. \ Id. )i»id. p .''yO-l.
126 HISTORY OF BRITAIN. Book V.
art or science. In that reign we find many pro-
tections mven to different idcliv mists, to secure
them from the penalty in an act of parliament
made A.D. 1403, and from the fury of the peo-
ple, who believed thnt they were assisted in their
operations by infernal spirits*. As these royal
protections contain the sentiments entertained
by that king and his ministers on this subject, it
may not be improper to insert here a transla-
tion of the most material part of one of them.
*' Ancient sages and most famous philosophers
" have taught, in their books and writings, un-
" der figures and emblems, that many notable
" and most glorious medicines may be extracted
" from wine, precious stones, oils, vegetables,
" animals, metals, and semimetals ; and particu-
" larly a certain most precious medicine, which
" some philosophers have named the Mother and
" Queen of INIedicines, some the Inestimable
" Glory, others the Quintessence, others the
" Philosopher's Stone, and others the Elixir of
*' Life. The virtue of this medicine is so admir-
" able and efficacious, that it cures all curable
" diseases with ease, prolongs human life to it»
" utmost term, and wonderfully preserves man m
" health and strength of body, and in the fuU pos-
" session of his memory, and of all the powders and?
" faculties of his mind. It heals all curable
" wounds without difficulty, is a most sovereigns
" antidote against all poisons, and is capable of
• Statutes, 5th Hen, IV. c. 4. Rvni Feed. torn. 1]. p. 68. 240* 309.
379.
Chap. 4 Sect. 1. LEARNING, &c. 12'j'
'* procuring to us and our kingdom (jther great
** advantages, such as tlie transmutation of other
•* metals into real and fine gold and silver.
" We frequently revolve in our mind, by long
" and serious meditation, how delectable, and
" profitable it woidd be to us and our dominions,
•* if this precious medicine could be discovered
" by the blessing of God on the labours of
'* learned men ; and also how that few or none,
" in former times, have attained to the true
"• method of making this most glorious medicine,
** partly owing to the difficulties attending the
" operation, but chiefly because the most learned
" men have been, and still are discouraged and
" deterred from the undertaking, by the fear of
" inciu'ring the penalties in a certain law made
" in the reign of our grandfather Henry IV.
•• against alchymists.
" Wherefore it seems right and expedient to
" us to pi-ovide, select, and appoint certain in-
" genious men sufficiently skilled in the natm-al
" sciences, well inclined and disposed to attempt
*' the discovery of the foresaid medicine, who
*' fear God, love truth, and hate all deceitful,
" fallacious, metallic tinctures ; and by our
" authority and prerogative royal to provide
" sufficiently for the quiet, safety, and indem-
" nity of these men, that they may not be dis-
" turbed or injured in their persons or goods,
" while they are engaged in this work, or after
'• they have finlslied their laboiu's,
" We therefore, confiding in the fidelity, cir-
•' cumspection, profound learning, and cxtraor-
128 HISTORY OF BRITAIN'. ^ Book V.
" diiuiry skill in tlic natunil sciences, of these fiv-
" moiis men Jolni Fauceby, Jolni Kirkeby, and
" John llayny, elect, assign, nominate, and li-
" cense all and each of them, and of om- certain
" knowledge, and by our authority and prero-
" gative royal, we, by tliese presents, grant to
'* all and each of them, liberty, warrant, power,
" and authority, to inquire, investigate, begin,
" prosecute, and perfect the foresaid medicine,
" according to their own discretion and the pre-
" cepts of ancient sages, as also to transubstan-
'* tiate other metals into true gold and silver ; the
" above statute, or any other statute, to the con-
*' trary notwithstanding. Further, we hereby
" take the said John, John, and John, with all
" their servants and assistants, into our special
" tuition and protection*." This curious com-
mission was confirmed by parliament, 31st May
A. D. 1456.
Ignorance When learning was in so low a state among
people. those of high rank and learned professions, w^e
may conclude that the common people were to^-
tally illiterate. It was not till the reign of Henry
IV. that villains, farmers, and mechanics, were
permitted by law to put their children to school f;^
and long after that, they dared not to educate a
son for the church, without a licence from their
lord. But it seems to be quite unnecessary to fol-
low the faint traces of learning any further in
this benighted period.
* Rym. Fred. torn. 11 . p. 'A79.
■f Statutes 7th Hen. IV. chap, IT.
Chap. 4. Sect. 1. LEARNING, &c. Iqq
SECTION II.
History of the. Learned Men who flourished in Britain^
from A. D. 1S99, to A. D. 1485.
A FTER the account that hath been given of Few leam-
the state of learning in Britain in this period, '"^ "'^"*
we cannot expect to find many persons in it so
eminent for their genius and erudition as to me-
rit a place in the general history of their coun-
tr}\ If many such persons had then existed,
they would have dispelled, in some degree, that
profound darkness in which their country was
involved*. It is true, that Leland, Bale, Pits,
Cave, and Tanner, the writers of oin* literary
history, give us the names of many authors who
flourished in this period, with the titles of their
works, and assure us, according to their custom,
that tliey were all wonderfully learned. But
these boasted authors were, for the most part,
obscm-e monks, knavish or deluded alchymists
or astrologers, whose works have deservedly
sunk into oblivion ; nor have I been able to
discover so much as one divine, philo.sopher, or
pliysician in Britain, in those times, who did
honour to liis country by his writings. It would
• It is a strong presumptive proof of the truth of that account given
in the precedinjr section, of tlie dcclininpr state of learning in this period,
and of the paucity of learned men who flourished in it, that it hath af-
forded the very well informed and industrious authors of liiographia Bri-
tnnnira only four or five .irticles ; and these, except two, tlio moit insig-
iiifuTinf ill that valuable work.
VOL. X. K
L'iO HISTORY OF BRITAIN. IJook. V.
be easy to fill many pages with the liistory of
many writers who enjoyed, perliaps, some little
pre-eminence in their own times, whose names
and writing's are now as little regarded as if they
had never been ; but as this could answer no
good purpose, it shall be omitted*.
Historians. Qur liistoriaiis in this period were not better or
more elegant writers than our divines, philoso-
phers, and pliysicians ; but as they have re-
corded many curious and important facts, in the
best maiuier they could, tliey have deserved
well of t]ieir country, and merit somie attention.
Mr William Caxtoii, who was more famous as a
printer tlian as a waiter, gives this reason for his
\vriting a continuation of Higden's Polycroni-
con, from A. D. 1357 to A. D. 1460 : " Because
" mennes Avyles in this tyine ben oblyvious and
" lyhtly forgetten many thyngys dygne to be
" put in memorye ; and also there cannot be
" foundin in these days but few that wryte in
" theyr regysters suche thyngis as daily happen
" and fallef."
w-xising- Thomas A\''alsinghamj a monk in the abbey of
St Alban's, was unquestionably the best of our
historians in this period. His style is indeed,
according to his own confession, rude and unpo-
lished ; and he relates many ridiculous stories of
visions, miracles, and portents : but this was the
vice of the age rather tlian of the man; and must
be forgiven to him and others. His narrative is
* See Leland, Bale, P!(s, Cave, Tanner, Warfoii's Anglia Sacra, God-
win de Prtesulibiu Anglis. f Ames's Typograpiiy, p. 32, 33.
ham.
Chaix 4. Sect. '2. LEARNING, ike. liJl
tar more fall, circumstantial, and satisfactory,
than that of the other annalists of those times,
and contains many things nowhere else to be
found. He compiled two historical works of
considerable length. The one he entitled, " A
History of England," beginning at the 57th
Henry HI., A. D. 1273, and concluding with
an account of the splendid fvmeral of Henry V.,
and the appointment of Humphrey Duke of
Gloucester to the regency of England. To the
other he gave the whimsical name of " Ypodig-
ma NeustriEe," which is a history of Normandy
(anciently called Neustria), interspersed with the
affairs of England from the beoinnine: of the
tenth century to A. D. 1418. In the dedication
of this work to Henry V., he tells that prince,
that when he reflected on the cunning intrigues,
frauds, and breaches of treaties in his enemies
the French, he vv^as tormented with fears that
they would deceive him ; and had composed
that work, which contained many examples of
their pei-fidy, to put him upon his guard*.
Thomas Otterbourne, a Franciscan friar, com- otter-
posed a history of England, from the landing of
Brutus the Trojan to A. D. 1420. It is extracted,
as he acknowledges, from former historians, as
JeofFrey of ^lonmouth, Venerable Eede, William
of INIahnsbury, Henry of Huntington, Iloger
Hoveden, and Higden's Polycronicon, for the
benefit of tliose who could not procure an oppor-
tunity of perusing their works. It is certainly not
" See Camdinp Anglica, Normaniuca, &c. p. 43— *92.
V3»
HISTORY OF BRITAIN.
Book V
Wlietliain
sude.
fUaibani.
TltU9
Livius.
a masterly ])erformance ; iind yet it ought to be
consulted, and affords some useful information
in the history of his own times*.
John \Vhethamstede, abbot of St Alban's,
wrote a chronicle of twenty years of this period,
beginning A. I). 14.-11, and ending A. D. 1461.
It contains many original pa})ers, and gives a very
full account of some events, particularly of the
tAvo battles of St Alban's. More than one half
of his chronicle is filled with the affairs of his own
abbey, to v/hich he was a great benefactor. The
most remarkable circumstance in the personal
liistory of this w^riter, is his longevity. He w^as
ordained a priest A. D. 1382, and died A.D. 1464,
when he had been eighty-two years in priest's
orders, and above one lumdred years of agef .
Thomas de KImham. prior of Linton, wrote a
copious history of the life and reign of Henry V.
in a very inflated and disgusting style. But as he
was the contemporary of that great prince, and
had his information from persons of rank and
honour, who were eye-witnesses of most of the
events which he relates, his work is valuable!.
The history of Henry V. was also written by
one who took the name of Titus Livius, and
whose real name is not known. He was an Ita-
lian by birth ; and not meeting v/ith proper en-
couragement in his own country, he came into
England, and put himself under the protection
» T. Otterbourne IIi>.t. a T. Ilearn edit. Oxon. 1732.
f Id. in praefat. torn. I. 57, 58. torn. 2.
i rii. de Elmham, Vita lien. V. a T. nearii edit. Oxon. 1727.
Chap. 4. Sect. 2. LEARNING, &c. 13;
of Humphrey Duke of Gloucester, that minii-
ficent patron of learned men, who made him liis
poet-iaureat, and persuaded hhn to write the
history of the late king, his brother. His work
is a free judicious epitome of the above history
of Thomas de Klmhani, leaving out some things,
and adding others. In liis style, he was a pro-
fessed but very unsuccessful imitator of the great
Roman historian wiiose name he assumed*.
William Bottoner, better known by the name Bottoner.
of William of W}Tcester, was born at Bristol,
and educated at Harts-hall, Oxford, where he
was supported by the famous warrior Sir John
Falstolf, to whom he became a retainer. Our
literary historians, who copy one another, tell
us, that he was a good mathematician, an ex-
pert ph)^sician, a great cosmographer, and a fa-
mous historian. If he deserved the other cha-
racters no better than the last, they were be-
stowed upon liim very improperly. He wrote
meagre annals of England from A. D. 1324, to
A. D. 1468, in a most barbarous style ; but as
they contain some things that are not to be
found in any other work, they are of some va-
lue, and must be consulted.
John llous, the antiquary of Warwick, is ce- john
lebrated by our literary historians as a man of ^''"**
immense learning, and indefatigable industry in
collecting materials for a history of the kings of
England f. But when we peruse the work, liow
» Titi Livii Vita Hen. V. a T. Hearn edit. Oxon. 1716.
f Leland, p. 473. Tanner, p. 643.
134 HISJORY OF BRITAIN. Book V.
greatly arc we disappointed ! His language is
incorrect and Ixubarous, his credulity childish,
liis digressions long and frequent, and his nar-
rations of the most important events short and
unsatisfactory. He begins his history at the
creation, and tells us, amongst other extraordi-
nary things, that IMoses mentions only one ante-
diluvian city, which was built by Cain, and call-
ed by him Enoch, in honour of Enoch, his eld-
est son ; but that the famous man Bernard de
Breydenbach, dean of Mentz, writes, that there
were eight noble cities built before the flood ;
and he tells this story in such a manner as to
convince us, that he gave as much credit to
Bernard de Breydenbach as to Moses*. But
notwithstanding all its imperfections, this work
of John Rous is of considerable use, as he inci-
dentally mentions many curious particulars con-
cerning the state of England, and the manners
of its inhabitants, in his own times. He died
in a very advanced age, A. D. 1491.
Tabian. ^]] ^\^q autliors abovc-iTientioned wrote in
Latin ; but Robert Fabian, a merchant and alder-
man of London, WTote a chronicle of England
and France, called, The Concordance of Stones, in
the English of his age, which is very inteUigible.
It is di^dded into seven parts, the first beginning
at the aiTival of Brutus, and the last ending at the
20th Henry VII., A. D. 1504. The histories of
England and France are intermixed, but given in
distinct chapters. This work is valuable for the
• J. Rossii Historia Regiim Angloruin, p. 1.
Chap. 1.. Sect. 2. LEARNING, &c. Ig^f
plaiiiiiess and sincerity with which it is written :
for tlie lists, first of the bailiffs, and afterwards of
the mayors and slieriffs of London; and for manv
other particulars relating to that great city*.
Some other chroniclers lived and wrote in this <^«her his-
torians.
period, particidarly John Harding and William
Caxton, whose works have been printed ; but
those who exT>ect much information or amuse-
ment in tJie perusal of them will be disappointed.
The wTiters and lovers of English history are
much more indebted to the labours of three
French gentlemen, Sir John Froissart, Philip de
Comines, I^ord of Argenton, and Dehguerran
de Monstrelet, who give more full and circum-
stantial relations of many transactions than any
of our own contemporary historians.
Though the law-colleges in I^ondon, common- Lawyers.
ly called the Inns of Court and Chancery, were
crowded \vith students of law^ in this period, few
gentlemen of that profession made a distinguish-
ed figure as authors, if we except Sir Thomas
Littleton and Sir John P'ortescue, who have
merited a place in the history of their countiy
by their learned labours.
SirTliomas Littleton, descended of an ancient
and honourable family in tlie county of Worces-
ter, when of a proper age, and duly qualified,
became a student of law in the linier Templef .
After he had been some time at the bar, and
his abilities were known, he was promoted first,
• FabianV Chronicle, printed by W. Rastall, l.i.13.
t Fortescue de Laiidibu^ Legum Angliflr, ch. 49.
lij(i llIiSTORY OF BlUTAIN. Book V.
lu be :i judi>'e of the JNIarslialsea eouit, made
king's sergeant and justice of assize, A. 13. 1455,
and one of the judges of tlie court of Conniion
Pleas, iV. 1). 1-166, liaving conducted himself
"vvitli so much moderation and prudence in those
diflicult times, as to possess the favour of the
contendiuii' families of Lancaster and York. Our
judge, at his leisure hours, composed his learned
and useful work on English temu-es of lands, to
Avhicli he is indebted for that fame which he
hath long enjoyed, and will probably much
longer enjoy. The learned judge died in an
advanced age, August 23, A. D. 1481, leaving
three sons to share his ample fortune*.
Fortescue. Sir Joliu Fortcscue was the oreat ornament of
his honourable profession, and one of the most
learned and best men of the age in which he
flourished. Being the third son of Sir Henry,
Fortescue, Lord Chief Justice of Ireland, he was
early intended for the law, and at a proper age
entered a student in Lincoln's Inn, where he
soon became famous for his superior knowledge,^
both of the civil and common law. When he,
was reader in that society, his lectures were at-
tended with crowded audiences, and received
with great applausef . He was made a sergeant
at law, A. D. 1430; appointed king's sergeant
A. D. 1441 ; and raised to the high office of
Chief Justice of the King's Bench, A. D. 1442,
in which he presided many years with great
• See Biographia JBritatinica, vol 5. p. 2975.
f Bale, p. 613.
n»ap. 4. Sect. 2. LEARNING, &c. I ] 37
wisdom, dignity, and uprightness. As tiie Oiief
Justice was steady in his loyalty to his so\Tr^igii,
Henry VI., he shared in his misfortunes, and was
attainted of iiigli treason by the first parliament of
Edward IV., A. D. 1461, after he had flee into
Scotland with his unfortunate master*. It was
probably there that he was created I^ord Chan-
cellor of England, an office which he never had
an opportunity of exercising. Having retired
into France, A. D. 1463, with Queen JNIargaret
and her son Edward Princeof AVales,he remained
there several years, assisting them with his coun-
cils, and superintending the education of that
hopeful young prince. It was for his instruction,
to give him clear and just ideas of tlie constitution
of England, as a limited and legal, and not an
absolute monarchy, that he composed his admi-
rable little treatise, I)e Laudihus Legum Anglia; ;
^vhich, for the excellence of its raethod, the soli-
dity of its matter, and the justness of its \iews,
excels every work on that subject, in so small a
compass, and must endear the memory of this
great and good man to every friend of our happy
constitution. This excellent treatise, after re-
maining too long in obscurity, was printed, and
hath passed through several editionsf. Sir John
Fortescue accompanied Queen JMargaret and
Prince Edward in their last unrbrtimate expedi-
tion into England, and was taken prisoner, after
• W. VVvrcester, an. 1161.
I Ste ihe well-'.vrillcn Life of Sir Jolin Fortescue, in Uiographia I)ri.
tannica.
1^8 HISTORV GF BRITAIX. Book V.
the defeat of their army, at Tewksbury, JNIay 4,
A. D. 1471. TiuMigh Edward W. made rather
a critel use of his victory, he spared the life of this
veneiable sage ; and after some time restored him
to his hberty, and probably to his estate, and re-
ceived him into favom*. Sir Jolm, like a wise and
good man, ac(juiesced in the decision of I'rovi-
dence in the fatal contest between the houses of
York and I Lancaster ; and, considerin.o' the last of
7 7 ^j
these houses as now extinct, he frankly acknow-
ledy;ed the title of Edward IV. to the crown, and
wrote in defeiice of th.at title. But lie still re-
tained the same political principles, and particu-
larly his zealous attaclinient to a limited and legal
government, in opposition to absolute monarchy.
This is evident from his excellent treatise, on the
difference between an absolute and limited mo-
narchy, which, after remaining long in MS. was
publislied by a'l honourable descendant of the
author, A. D. 1714. This treatise is WTitten in
English, M'cif; designed for the use of Edward I^".,
and is valuable as a specimen of the English of
those times ; but much more valuable on account
of the many curious particulars it contains con-
cerning the constitution of England, and the con-
dition of its inkibitants*. I heartily subscribe
to the character given of this treatise by a very
good judge of literary merit : " Take it all to-
*' gether, and it will appear to be a work which
" affords us full e\idence of the learning, wisdom,
* See tlie diffeience iKtwccn an absolute nnH limilcH monarchy, &c.
•written by Sir John Forttscue, /tc. published by John Foitisdic, A, D.
1714;
Chap. 4. Sect. ti. LEARNING, &c. 13^
" uprightness, public spirit, and loyal gratitude
" of its author, as any that is extant in ours or
" in any modem language*." This learned
judge composed several other works, which are
still extant in MS., and some which are probably
lost ; and, after a long, active, and virtuous life,
chequered with prosperity and adversity, he paid
the last debt to nature in the ninetieth year of
his agef .
The love of learninoj was by no means the pre- ignorance
.,. o ^ • \ ■ of the
vailing taste or the great in the times we are ex- great.
amining. Even in a later period, " it was thought
*' enough for a nobleman's son to winde their
" horn, and to carry their hawk fah% and leave
*' study and learning to the children of mean
•' people:}:." A few persons, however, of liigh^
rank possessed such strength of mind as to resist
the tyranny of fashion, and engage with no little
ardour and success in the pursuit of learning,
and on that account deserve to be remembered
with honour by posterity.
James I., King of Scotland, was not only the James i.
most learned king, but one of the most learned
men, of the age in which he flourished. This in-
genious and amiable prince fell into the hands of
the enemies of his country in his tender youth,
when he was flying from the snares of his unna-
tural, ambitious uncle, who governed his domi-
nions, and was suspected of designs against his
• Biographia Briinnnici, vol. 2. p. ]i)97. f 1(1. ibid.
^ Id ibid. p. 123(5.
^40 HISTORY OF BRITAIN'. Book V.
life. The King of England knew the value of
the prize he had obtained, and kept it with the
most anxious care. The prince was conducted
to the tower of London immediately after he
was seized, April 12, A. D. 1405, and there
kept a close prisoner till June 10, A.l). 1407,
Avhen he was removed to the castle of Notting-
ham, from whence he was brouglit back to the
Tower, March 1, A. D. 1414, and there confined
till August 3, in the same year, when he was
conveyed to the castle of Windsor, where he
was detained till the summer of A.l). 1417;
when Henry V., for political reasons, carried liim
with him into France in his second expedition*.
In all these fortresses, his confinement, from his
own account of it, was so severe and strict, that
he was not so much as permitted to take the
air.
Quhare as in ward full oft I wold bewaille
My dedely lyf, full of peyne and penance,
Saing zyt thus, quhat have I gilt to faille
My fredonie in this warld, and my plesance ?
Sin every weight has thereof suffisanco.
Bewailing in my chamber thus allonc,
Dispeired of all joye and remedy e,
For-tirit of my thot, and woe-begone,
And to the wyndow gaii 1 walk in hye,
To see the warld, and folk that went forbye.
As for the tyme, though I of mirtliis fudo
Myt have no more, to luke it did me gudof .
• Rym. Feed. torn. R. p. 4SI. torn. 9. p. 2. i4.
f The King's Qnhair, a poem, by Jame» I., canto •. stan. 7. 0.
Chap. 4. Sect. 2. LEARNING, &c. 141
Kino- James was about thirteen years of asfe Fond of
A'
when he lost his hberty, and was kept in this un- ^^^ ''^*
comfortable close confinement till he was about
twenty-six. In this melancholy situation, so un-
suitable to his age and rank, books were his chief
companions, and study his greatest pleasure. He
rose early in the morning, immediately applied
to reading, to divert him from painful reflections
on his misfortunes, and continued his studies,
with little interruption, till late at night.
The long dayes and the nightis eke,
1 wold bewaille my fortune in this wise,
For quhich again distresse comfort to seke.
My custum was on mornis for to rise
Airly as day, O happy exercise !
Bot slep for craft in crth myt I no more;
For quhich, as tho' could I no better wyle,
I toke a boke to rede upon a quhile :
IMyn eyne gan to smart for studying ;
My boke I schet, and at my hede it laid.*
James being naturally sensible, ingenious, and Universal
fond of knowledge, and having received a good '"'^ "*''^"
education in his early youth, under the direction
of Walter Wardlaw, Bishop of St Andrew's ;
by this close application to study, became an
\miversal scholar, an excellent poet, and exqui-
site musician. That he \\Tote as well as read
much, we have his own testimony, and that of
all our historians who lived near his timef.
Bowmakcr. the contimiator of Fordun, who was
his contemporary, and personally acquainted
• King\ Quhnir, canto 2 stanra 10. canto 1. stan. 5. S.
f Id. canto I . «t. \?,.
142 HISTORY OF lUtlT AIN. Book y.
witli liiin, s])en(ls ten eha])ters in his praises,
and in lamentations on his death ; and, anion ost
other thing's, says, tliat his knowledge of the
scriptures, of law, and pliilosopliy, was incredi-
ble-^ Hector Boyse tells us, tliat Henry IV.
and V„ furnislied their royal prisoner with the
best teachers in all the arts and sciences ; and
that, by their assistance, he made gTeat proficien-
cy in every part of learning and the fine arts ;
that he became a perfect master in grammar,
rhetoric, poetry, music, and all the secrets of na-
tural philosophy, and was inferior to none in di-
vinity and law. He observes further, that the
poems he composed in his native tongue were so
beautiful, that you might easily perceive he was
born a poet ; but that his Latin poems were not
so faultless ; for though they abounded in the
most sublime sentiments, their language was not
so pure, owing to the rudeness of the times in
which he lived f. From one of his English poems
which hath been lately rescued from oblivion,
and presented to tlie public, by the laudable in-
dustry of its learned editor, it plainly appears,
that its royal author was possessed of a great va-
riety of learning, as well as of a genuine spirit of
poetry ; and if his other works had been preserv-
ed, it is probable we should have had still strong-
er evidences of his erudition t. But the works
of James I. have been as unfortunate as their
autlior ; and all his Latin, and many of his Eng-
* Scoticron. li)). 16. c. 28 — .?«.
t Heet. Boeth. Scot. Hist. lib. 16. fol. 3-10.
^ Seethe Poetical Remains of James I. E^linburgh. 173'J.
chap. 4.. Sect. 2. LEARNING, Aec. I43
lish compositions are, it is to be feared, irrecu
verably lost.
John Tiptoft, Earl of Worcester, who flourish Eari of
ed in the reigns of Henry VI. and Edward IV ^^''"•'^^*'"-
was greatly distinguished among the nobility o:
his time, by his genius and love of learning. He
succeeded to the great estates of his family, by
the death of his father John Lord Tiptoft, 21 st
Henry VI., when he was about sixteen years of
age ; and, six years after, was honoured by that
monarch with the higher title of Earl of Worces-
ter*. This accomplished nobleman was, by the
same prince, constituted Lord High Treasurer
of England, when he was only twenty -five years
of agef. The Earl of AVorcester very early dis-
covered a taste for learning, and at a proper age
prosecuted his studies at Baliol college in Ox-
ford; v/here, as his contemporary and fellow-
student, John Rous of "Warwick, tells us, he was
much admired for his rapid progress in litera-
ture:!:. In the twenty-seventh year of his age,
he was commissioned, with some other noble-
men, to guard the narrow sea, and performed that
service with honour to himself and advantage to
his country ^. But in the midst of all these ho-
nourable toils and offices, his love of learning con-
tinued unabated; and he resolved to travel for his
improvement. Having visited the Holy Land,
he returned to Italy, and settled at Padua, where
• Dujjf'alf's Baronage, vol. 2. p. 41.
■f I^i'land (lu Script. Britun. p. 47.5.
i J. Iii)»si Hi*t. p. 5. § Dugdalp, v. 2. p. 41.
;|4.|, HISTORY OF BHIT AIN. Book V.
lodovicus Carbo, Giiariiuis, aiulJohn Plirea, an
Iiioflishinan. were then very famous for their
laming, and attracted great crowds of students.
^ur ilhistrious stranger was treated with great
espect at Padua, and much admired by all the
aen of letters, for the knowledge he already pos-
essed, and his ardour in adding to his stores.
.^is countryman, John Phrea, dedicated two
aooks whicli he then published, to the Earl of
Worcester; and in these dedications he bestowed
the highest praises on his patron, for his genius,
Jearning, and many virtues ; and amongst other
(things, says, " Those superior beings, whose of-
" fice it is to be the guardians of our isle of
i" Britain, knowing you to be a wise and good
" man, an enemy to faction, and a friend of
" peace, warned you to abandon a country
" which they had abandoned, that you might
" not be stained by mixing with impious and
" factious men*." Vv^hile he resided at Padua,
which was about three years, during the heat of
the civil wars in England, he visited Rome, and
delivered an oration before Pope Pius II.
(^neas Silvius), and his cardinals, which drew
tears of joy from His Holiness, and made him
say aloud, " Behold the only prince of our
" times, who, for virtue and eloquence may be
" justly compared to the most excellent emper-
" ors of Greece and llomef ." Such a compli-
ment from an Italian to an Englishman must
liave been extorted by the force of truth.
• Lelaml, p. 477. t ^•'- P- '*"'^-
Chap. 4. Sect. 2. LEARNING, ike. 1 45
The Earl of Worcester was a great collector of a collector
books ; and while he resided in Italy, he expend- ^
ed much money in literary purchases, " The
^ Earl of Worcester (says Laurentius Carbo),
** captivated by the charms of the Muses, hath
*^ remained three years in Italy, and no^v resides
" at Padua, for the sake of study, and detained
" by the civilities of the Venetians ; who, being
'• exceedingly fond of books, hath plundered, if
" I may so speak, our Italian libraries, to enrich
" England*." After his return home, he made
a present of books to the university-library of
Oxford, Avliich had cost him 500 marks f ; a great
sum in those times.
As soon as the Earl received intelligence that Returned
the civil war was ended, by the elevation of Ed- \l^"^~
ward IV. to the throne, he returned to England,
submitted to that prince, was received into his
favour, and raised by him to several places of
power and trust. In the second year of that
reign, he was made treasurer of the exchequer,
and in the next year, chancellor of Ireland for
life. He was soon after constituted lord depu-
ty of Ireland, imder the Duke of Clarence, and
at last made lord lieutenant of that kingdom,
and constable of England. In a Avord, he was
loaded Avith favours ; and hardly a year passed
in which he did not receive some valuable grant
or great office t-
» Lelaml, p. ^178. f Tanner, p. 715.
^ DiigJalo, vol. 2. p. 41.
vol., X. L
14>6 HISTORY OF BRIT/VIN. Book V.
Beheaded. }j^it tbis prosperity was not of long duration.
A new revolution took place. Kdward IV. was
obliged to abandon bis kingdom witb great preci-
pitation to save bis life. Tbe Earl of \Vorcester
was not so fortunate as to escape; but after be bad
concealed bimself a few days, be was discovered
on a bigb tree in tbe forest of Waybrig, conducted
to London, condemned at Westminster, and be-
beaded on Tower-bill, October 15, A. D. 1470,
in tbe 42d year of bis age*. He was accused of
cruelty in the government of Ireland ; but bis
greatest crime, and that for wbicb be suffered,
was, bis steady loyalty to bis rigbtful sovereign
and generous benefactor, Edward IV. " O good
" blessed Lord God ! (saitb Caxton,) wbat grete
" losse was it of tbat noble, virtuous, and well-
" disposed lord tbe Earl Worcester ! AVbat
" worsbip bad he at Home, in tbe presence of our
" holy fader tbe Pope, and in all other places
''' unto bis deth ! Tbe axe then did at one blow
" cut off more learning than was in the heads of
" all the surviving nobility f." Caxton was his
contemporary ; and being also a zealous Yorkist,
could not but be well acquainted with him.
Works. This earl translated the Orations of Publius
Cornelius, and Caius Flaminius, rivals for the
love of Lucretia ; and his translation (says Ice-
land) was so neat, elegant, and expressive, that
it equalled the beauty of the original:]:. He trans-
• Dugdale, vol. 2. p. 4J.
f See Royal and Noble Authors, vol. 1. j-, 59 — 67.
\ Leland, p. 480.
Chap. 4. Sect. 1. LEARNING, &c. I47
lated also into English, Cicero De Amicltia, and
his treatise De Seneciute ; and these translations
were printed by Caxton, A. D. 1481*. His fa-
mous oration before the Pope and cardinals, and
most of his original works, are lost, a feAV letters
and small pieces only remaining in jMS.f
Another English nobleman, con temporary with Eari
the Earl of Worcester, who was an author, and
had a taste for letters, was Anthony AVodevile,
Earl Rivers, brother to Elizabeth Wodevile,
Lady Gray, Queen of Edward IV. He was, in
all respects, one of the most accomplished no-
blemen of his age. But as it is only as a man
of letters he is introduced here, it is only his li-
terary character and history that can with pro-
priety be given in this place. I have not disco-
vered where this noblemen was educated, or
how far he pursued his studies ; but as he was
eai'ly and constantly engaged in the tumults of
those turbulent times, or in discharging the du-
ties of the high offices with which he was in-
vested, it is probable that he made no great pro-
gress in the cultivation of the sciences ; and as
his works consist of translations from the French^
they did not require much erudition.
The following account of these works, by his Works„
printer and great admirer, honest William Cax-
ton, will be more satisfactory than any that can
be given by a modern writer. " The noble and
" virtuous Lord Anthoine, Erie Ryviers, Lord
* Tanner, p. 716. f I<1- «bicl.
148 HISTORY or BlUTA IN. Book V.
" Sc'tiles, uiul of tlie Isle of Wiglit — undo and
'• Li;overn()\ir to my lordc Prinoc of AValcs — -not-
'• witlist^uidirijjj tl.c great labours and charges
" tliat he liatii liad in the service of the Kin"' and
" the said Lord I'rince, as well in Wales as in
" England, wliich hath he to him no little
" thought and bisiness, both in spirite and bodv,
*' as the fruit thereof experimentally sheweth ;
" yet over that, tenriche his virtuous disposicion,
" he liath put him in devoyi', at all tymes when
" he might have a leyser, whiche was but starte-
" mele, to translate diverse bookes, out of Frensh
" into English. Emong other, passed thurgli
" myn hande, the booke of the Wise Sayinges
" or Dictcs of Philosophers — and the Wise Hol-
" som Proverbes of Cristine of Pyse, set in
" metre. Over that, hath made diverse balades
" aginst the seven dedely synnes. Furhermore,
" he took upon him the translating of this pre-
" sent worke, named Cordyale, trusting, that
" bothe the reders and the hearers thereof sholde
" knoAV themself Jiereafter the better, and am-
" mende their lyvyng*." These three books,
translated from the French by Earl Kivers, were
printed by Caxton, A. D. 1477 and 1478 ; and
our earl, and his ]irinter Caxton, were the first
English writers who had the pleasure to see their
works published from the press. His ballads
against the seven deadly sins, I presume, are lost ;
but John llous of Warwick hath preserved a short
* Biot^raphia Britannica, vol. 2.
Chap. l. Sett. I. I-EA liXlNG, &c. 119
poem, whicli he is said to have composed in
his prison in Fomfret castle, a little before his
dcatli, Aviiich breathes a noble spirit of pious re-
.signatioii to his ap])roaclung fate*. This accom-
plished, brave, and ann'abie nobleman, as hath
})eeM already related, was beheaded, at I'omfret,
23d June, A. D. 1483, in the 41st year of his
agef.
^Yho can lielp observuig, with surprise and
sorrow, that King James I., the Earls of A^^or-
cester and llivers, the great ornaments of Bri-
tain in the age in which they flourished, were
all cut off. in the prime of life, by unmerited
and violent deaths ? This is one proof, amongst
many others, of the ciiiel ferocious spirit which
leigned in those imhappy times. May such a
spirit be held in everlasting detestation !
SECTION III.
llistori/ of the chief Semiiiaries of Learning founded in
Great Britain, from A.D. 1400, to A. D. 1485.
1 HOUGH learning sensibh' decUned in Britain school*
,, . -11 • 1 founded.
in tins period, that was not owing to t^ie want
of schools, colleges, and universities ; as, in the
course of it, three colleges were founded in each
of the English universities, and the two universi-
" Kosbii Hist. p. ail.
f See Royal and Noble Authors, vol. 1, p, 67 — SO.
150 HISTORY OF BRITAIN. Book V.
ties of St xVndrew's and (Glasgow were founded
in Scotland.
Linccin Rlcluird Fleminj?, Bishop of I^incoln, was the
College. *^' A ^
founder of Lincohi College in Oxford. In his
youth he was a great admirer of Dr Wickliffe,
and a zealous advocate for his opinions ; but hav-
ing obtained good preferments in the church, and
expecting better, he changed his principles, and
became as violent an opposer as he had been a de-
fender of these opinions. Having been raised to
the episcopal chair of Lincoln, he founded Lin-
coln College, in Oxford, A. D, 1430, for a rector
and seven scholars, who were to make contro-
versial divinity their particular study, to fit them
for defending the church against the Lollards,
by their writings and disputations. Bishop Fle-
ming died soon after he had laid the foundation
of his college, and left it in a very imperfect state.
But the buildings were carried on, and several
fellowships founded by successive benefactors ;
and at length the whole was completed about
A. D. 1475, by Thomas Scott of Rotheram,
Bishop of Lincoln, who may be called the second
founder of this college*.
All-Souls Henry Chicheley, Archbishop of Canterbury,
'' ^^''' founded All-Souls College in Oxford, A. D. 1 437.
Having determined to devote his money to pious
and charitable uses, his friends, with whom he
consulted, advised him tobuild an hospital for the
disabled soldiers, who were daily returning from
* Ant. Wood, Hist. Univ. Oxon. lib. 2. p. 159, &c.
Chap. 4, Sect. 3. LEARNING, &c. 151
the wdi's in France. But this great prelate, be-
ing more under the influence of superstition than
humanity, and thinking it a gTeater act of cha-
rity to relieve the souls of the dead than the bo-
dies of the living, founded a college for a warden
and forty fellows, and appointed them to put
up incessant prayers for the souls of those who
had fallen in the French wars, and for the souls
of all the faithful departed, from whence it was
called CoUef'inm Omnium Afiimarum, the Col-
lege of All-Souls. The Ai-chbishop expended
45451. on the fabric, and procured a consider-
able revenue for it out of the lands of the alien
priories, which had been dissolved a little time
before*.
AVilliam Patten, Bishop of Winchester, found- Magdalene
ed a college at Oxford, dedicated to St Mary '^ ^^^'
Magdalene, and from thence called Magdalene
College; for a president, forty fellows, thirty
scholars, four presbyters, eight singing clerks,
sixteen choristers, with suitable officers and ser-
vants. The foundation of the fabric was laid
A. D. 1458, and the whole structure was com-
pleted A. D. 1479. This college, by the bounty
of its foimder, and other benefactors, soon be-
came one of the richest in L^uropef .
Henry VI. founded King's College in Cam- King'*
bridge, A. D. 1443, for one provost, seventy fel- ^°"®s«>
lows and scholars, three chaplains, six clerks, six-
teen choristers, with a master, sixteen officers,
• Ant. Wood, Hist. Univer. Oxon. lib. 2, p. 172, &c.
t Id. ibid. p. 187, &c.
152 HISTORY OF BRITAhX. Book V.
twelve servitors, kc. Tlic original j)lan of this
foiindiition was truly royal and magnificent, if
we may judge of it from the chapel, wliich hath
been long and imiversally admired as one of the
finest pieces of Gothic architecture in the world.
But the misfortunes of the unliappy foimder
prevented the execution of that plan*. King
Henry foimded also tlie illustrious school of
Kton, near A\'^iudsor, about the same time, to be
a nursery for his college in Cambridge.
Queen's Quecn Mari>aret, the active ambitious con-
Cam- sort of Hcury V^I., founded Queen's College in
° ' Cambridge, A. D. 1448. This college was in-
volved in the misfortunes of its foundress, and
in danger of perishing in its infancy ; but was
preserved by the care and diligence of Andrew
Ducket, its first president, avIio continued in
that station no less than forty years ; and by
his assiduous solicitations, procured it so many
benefactions, that he may, with great pro-
priety, be esteemed its preserver and second
founderf.
Katherine Hobcrt Woodlarlv, tlic tliird provost of King's
^idce^^"' College, founded Katherine-Hall in Cambridge,
A. D. 1475, for a master and three fellows.
This hall, so small at its beginning, increased
so much in its revenues, and the number of its
members, by the boimty of many subsequent
benefactors, that it became equal, if not supe-
rior, to some colleges I-
" Fuller's Hist Cam, p. 73. -j Id. p, SO.
1 Id. p. S3.
Chap. 4. Sect. ^•. LEARNING, &c. 153
The professors of the several sciences in Cam- riii)iic
l^ridire and Oxford anciently read tlieir lectures. '''^'"'° *'
either in convents or in private lionses, at a dis-
tance from one another, hired for tliat purpose ;
which was attended with various inconveniences.
To remedy this, public schools were built, in
both these imiversities, in the course of this pe-
riod. Thomas Hokenorton. Abbot of Osne}^
erected a ranjje of stone buildings, in Oxford,
A. D. 1439, which he divided into schools, for
ths following arts and sciences; metaphysics,
natural philosophy, moral philosophy, astrono-
my, geometry, music, arithmetic, logic, rhetoric,
and grammar. These were called the 7?eiv .schooJ.s^
and were used till long after the conclusion of
this period*. The foundation of the magnificent
divinity school and library, in the same univer-
sity, was laid about A. D. 1427 ; but the build-
ing was frequently interrupted for want of mo-
ney. At length, by the liberal donations of
several benefactors, particularly of Hmnphrey
Duke of Gloucester, Cardinal John Kemp Arch-
])ishop of York, and his nephew Thomas Kemp
Bisliop of London, the structure was completed
A. D. 1480f . Tliis fabric was an object of great
admiration in tliose times; and the university
s])eak of it m the most lofty strains, in their let-
ters to their great benefactor the I>ishop of T^on-
don, calling it " A work worthy of God, as nnicli
*' superior to all the great edifices around it, in
•' magnitude^ and beauty, as divinity, to wliich
■ Aul. Woo<l lib. 2. p J6. I Id, ibid, p 2J, 21-'.
154 HISTORY OF BRITALV. Book V.
" it is dedicated, is superior to all the other sci-
" ences*." The quadrangle, containing the pub-
lic schools in Cambridge, at least the west side
of it, was founded about the beginning of this
period, and the whole was finished about A. I>.
147ot.
No univcr- '^^^^ voutli of ScotLuid, iu thc middle ages,
sity in were not destitute of a genius, and a taste for
Scotland. ~
learning ; but had not the same means of acquir-
ing it with tliose of Ejigland. Having no uni-
versity in their own country, such of them as
prosecuted their studies, v/ere obliged to travel
for their improvement; which was attended with
much expence and trouble. This disadvantage
was sensibly felt and much regretted ; but the
distracted state of that unhappy kingdom, in-
volved in almost incessant wars, long prevented
any remedy ij:.
Lectures ^^ length, A. D. 1410, a few men of letters in
at st An- g<3 Andrew's formed themselves into a voluntary
drew s. *^
society, and generously offered to teach those
sciences then usually taught in universities, to all
who chose to attend their lectures. Laurence
Lindores, a learned theologian, read lectures on
the fourth book of the sentences of Teter Lom-
bard; Dr Richard Cornel, arciideacon of Lothian,
IVIr John Litster, canon of St Andrew's, and Mr
John Chevez, official of St Andrew's, and Mr
William Steplien, lectured at different hours, on
the civil and canon laws, which were the favour-
* Ant. Wood, lib. 2. p. 21, 22. t Fuller, p. 79.
f Fordun's Scolicron. lib. 15. c. 22. Heel. Boeth. lib. 16. Buchan.
lib. 10.
Chap. 4. Sect. 3. LEAKNING, &c. I55
ite Studies of the clergy in those times; Mr Jolm
Gyll, Mr A\^illiam Fowles, and Mr William
Croiser, taught logic and philosophy. These
lectures commenced at AVhitsunday A. D. 1410,
and were attended by crowds of students*.
Henry A\ ardlaw, Bishop of St Andre^v^'s, a university
. „ • - ^ - " of St An-
magmncent and generous prelate, a great, and draw's
probably the chief promoter of this design of
erecting an university, encouraged by the suc-
cess of these previous lectures, granted a charter
" to the venerable doctors, masters, bachelors, and
" students, residing in his city of St Andrew's,
" and their successors, confoming the university
" there, which they had so laudably instituted
" and begun, constituting and declaring it to be
" an university, for the study of divinit}^ law,
" medicine, and the liberal arts, and taking it
'' under his special protection." In tliis charter
the Bishop, for himself and his successors, granted
to the members of his university of St Andrew's,
and their successors, all the powers, privileges,
and immunities, usually gi-anted to other uni-
versities, which are enumerated : and obliged
the aldermen, bailiffs, and other officers of his
city of St Andrew's, when they entered on their
offices, to take an oath before the rector of the
university, not to invade or violate any of these
privileges. In the same charter the prior and
chapter of St Andi-ew's, with the archdeacons
of St Andrew's and Lothian, give their con-
sent to the establishment of the university, and
• Scoticron, lib. 15. cap. 22.
Confirmed
J>v tlie
156 HISTORY or BRITAIN. Book V.
gTiiiit the same |)rivile<.';cs to its mcinber.s, in all
their l)aronics and liiiuis. Tliis charter is dated
at St Andrew's, 27th Febnmry A. D. M<11*.
As no transaction of importance in those times
iV*^- was conchided without tlie a])])robation of t]ie
Pope, the above-mentioned charter, with j)etj-
tions for the coniirniation of it from the lie-
gent, in tlie name of the Kmi^, from tlie bishop,
prior, and chapter of St Andre^v's, were sent to
Pope Benedict XIII., one of the tliree contend-
ing popes, who then resided in Arragon, and
was acknowledged by that kingdom, and by
Scotland. Beiiedict granted one bull, coiilirm-
inff the above charter, and all the privileges and
immunities therein given to the new university,
by the bishop, ])rior, chapter, and archdeacons ;
and another, granting certain additional privi-
leges, by His Holiness. I^oth these bulls are
dated at Paniscole (a strong place in Arragon,
where that ]wy>e then kept "his little court),
September 3, A. D. 1412t. When these papal
bulls were brought to 8t Andrew's February S,
A. I>. 1413. by Henry de Ogilby. A. M., they
were received with great ceremony, and e^ery
possible demonstration of joy ±.
]?!;?!."? 'I'lie university of St Andrew's soon l)ecame
conspicuous, and acquired considerable influence
in the most important affairs both of church and
state. Scotland adhered longer toEenedict XHI.
than anv other nation : but after that ]iopc was de-
ft'
■ Ex Archivis Univcr. S Andr. f Id.
:->:;. I Stoticron iilj. 15. t. 12.
I'amcus.
Cliap. 4. Sect. :5. LEARNING, &c. 157
posed ])y the council of Constance, and Martin V.
chosen in Jiis place, the council sent the Abbot of
Pontiniac, a man of great learning and eloquence,
into Scotland, to prevail upon that church and
kino-doni to withdrav/ their obedience from Bene-
diet, and acknowledge tlie pope who had been
chose] 1 by the council. The Emperor Sigismond^
at tlie same time, sent letters to the lie«;ent and
the three estates to the same purpose. The Duke
of Albany summoned a parliament, and convoca-
tion of the clergy, to meet at Perth, 2d October
A.D. 1417, to determine this important question.
The llegent was friendly to the cause of Bene-
dict; and that pope was not v/anting to himself on
this occasion. After the Abbot of Pontiniac had
laid before the parliament the Emperor's letters,
and tlie request of the council of Constance, and
enforced them in a long oration, Dr John Hard-
ing appeared, with letters from Benedict, which
he presented, together with a commission to him
to plead his cause. Tlie letters contained the
most flattering praises of the Scots for their former
steadiness, and the most pressing exhortations to
persevere in their adherence to him as the only
lawful pope; and Dr Harding pleaded his cause
with great ability and zeal, employing arguments
which must have made a deep impression on a
superstitious high-spirited people, proud and
jealous of their independence. But Dr John
Elwood, the rector, and the other famous di-
vines of tlie university of St Andrew's, having
taken the other side of the question, ])revailed
158 HISTORY OF BRITAIN. Book V.
upon the parliament, by the .strength of their ar-
guments and the Aveight of their influence, to
withdraw from the obedience of Benedict, and
acknowledge Martin V. to be the lawful pope*.
Favoured Jauies I., that great lover of learning and
' """"' ' learned men, rejoiced in the solitude of his pri-
son, at the establishment of an university in his
dominions ; and after his return home he gave
the members of it many marks of his favour and
attention. He sometimes honoured their public
acts and disputations with his presence; bestow-
ed ecclesiastical dignities and benefices on the
most eminent professors; kept a list of the most
promising scholars, in order to prefer them as
opportunities offered ; and granted them a char-
ter, expressive of the warmest regard, and ex-
empting them from all tolls, taxes, and services,
in all parts of the kingdom. This charter is da-
ted, at Perth, 20th March A. D. 14311. We
are told by one of our ancient historians, that
the new university increased immensely under
the patronage of this excellent prince ; that it
had thirteen doctors of divinity, eight doctors of
laws, many other learned men, and a prodigious
midtitude of students |.
Not rich. But though the university of St Andrew's was
thus completely established, much respected, and
well frequented, it was but ill accommodated and
endowed. The students lived entirely at their
• Scoticron. lib. 15. c. 24, 25.
f Ex Archiv. &c. H. Boeth. lib. IB. p- SIT.
t Ibid.
Chap. 4 Sect. S. LEARNING, &c. I59
own expence; the regents or teachers had no fix-
ed salaries; and the gratuities they received from
their pupils were probably very small ; and in this
condition this iniiversity continued about forty
years, owing to the very unhappy and distressful
circumstances of the kingdom in those times.
At length that generous and public-spirited st Saiva-
prelate, James Kennedy l^ishop of St Andrew's, lege.
who succeeded Bishop Wardlaw in that see,
A. D. 1444, built a college in that city, for the-
ology and the liberal arts, dedicated to the ho-
nour of God, of our Saviour, and the Vu-o-in
Mary ; and gave it the name of St Sahator's
College. Besides defraying all the expence of
the fabric, with its furniture, and of the utensils
and ornaments of the chapel, he endowed it with
competent revenues for a principal, six fellows,
and six poor scholars. It is difficult to discover
the precise time when this college was built and
endowed. The first foundation-charter was con-
firmed by Pope Nicolas V., who died 25tli
March, A. D. 1455 ; before which time the col-
lege must have been foimded*. The second
foundation charter, considerably different from
the first, is dated at the castle of St Andrew's,
5th April A. D. 1458, and was confirmed, at
Rome, by Pope Pius II., 13th September in the
same year. This charter is very long, contain-
ing all the statutes of the college, from which
only a very brief abstract of the chief or most
remarkable articles can be given. By this char-
ter the principal was always to be a dcK'tor in
* Du Pin, rent. 1.), rh. f>.
lOO HISTORY OF BRITAIN Book V.
divinity, and rector ol" Qiihilt, and was obliged
to read a theological lecture once in every week,
and to preach to the people four times a-year.
The first of the fellows was to be a licentiate in
divinity and rector of tiic parish-church of Kem-
bach, and to read theological lectures thrice a-
week, and preach to the people six times a-year.
The second of the fellows was to be a bachelor
in divinity, rector of Duninach, and to read a
theological lecture every lawful day. Tlie rec-
tories annexed to these three offices constituted
their endowments. The other four fellows were
to be masters of arts, and in priests' orders ; and
two of them were to be chosen annually, by the
principal, the licentiate, and the bachelor, to
read lectures in logics, physics, philosophy, or
metaphysics, according to the manner prescrib-
ed by the general statutes of the university, for
which they were to receive small annual sti-
pends. All the members, with necessary ser-
vants and attendants, were to be proyided with
meat, drink, and lodging in the college ; and
funds were settled for that purpose. Others,
who resided in it at then- own expence, were to
conform to all its regulations. This chaj-ter
contains a great variety of rules, concerning the
succession or election to offices, — the times of
vacation and residence, — the performance of
divine service in the chapel, — visitation by the
rector of the university, the authority of the
principal, &c. &c. Though this good bishop
is said to have been a great reformer of the
manners of the clergy, he doth not seem to have
((
«
it
Chap. 4. Sect. 8. LEARNING, &c. Igj
expected or exacted any very extraordinary de-
grees of purity and strictness from the members
of his college, as appears from the following sta-
tute : " We ordain further. That all the mem-
bers of the said college live decently, as be-
comes ecclesiastics ; that they do not keep con-
cubines publicly ; that they be not common
night-walkers or robbers, or habitually guilty
" of other notorious crimes ; and if any one of
" them is so (which God forbid), let him be cor-
" rected by his sviperior, and if he proves incor-
" rigible, let him be deprived by the same supe-
^* rior, and another substituted in his place*."
As the diocese of Glasgow was next to that of University
. -, ^ of Glasgow
St Andrew's m rank and revenues, the bishops founded.
of the one often emulated those of the other.
William TumbuU, Bishop of Glasgow, seeing
an university established at St Andrew's, and
being a friend to learning, resolved to procure
the establishment of another at his episcopal seat.
With this view, he prevailed upon King James
II., to apply to the Pope for erecting one in that
city ; representing, that it would be of great use,
not only to his own subjects, but also to the peo-
ple of some neighbouring countries ; and that
the place was very fit for such a seminary of
learning, on account of the salubrity of the air,
and of its abounding with all the necessaries of
life. In compliance with this application. Pope
Nicholas V., moved by the accounts he had re-
ceived of the pleasantness of the place, the con-
♦ Ex Arfliivi<» Univer. St Andr.
vol.. X. M
jg2 HISTORY OF BRITAIN. Book V.
venientness of its situation, and the number of
leiimed men residing in it, granted a bull, dated
at Rome, 26th December A. D. 1450, establish-
ing an university, or general study in all lawful
faculties in the city of Glasgow, with all the
powers, honours, and immunities, of his own
university of Bononia ; and that the degrees and
honours conferred by it should be sustained by
every other university. By the same bull, the
Pope constituted William Bishop of Glasgow,
and his successors, perpetual chancellors of this
university, with all the powers enjoyed by the
chancellors of other universities*.
Commen. When this bull was brought to Glasgow, a
'«<*• congregation of those who were to be the first
members was held in the chapter-house of the
Dominican friars ; and at that meeting the uni-
versity was formed. About forty gentlemen,
mostly ecclesiastics, were'incorporated, or matri-
culated, and took an oath to keep the secrets,
mamtain the privileges, and obey the laws, of
the university. At their matriculation, each per-
son paid, or engaged to pay, a sum of money,
for the support of the institution ; but whether
that sum was fixed, and a condition of their ad-
mission, or was uncertain and voluntary, I have
not discovered. The first lecture in this univer-
sity was read in the chapter-house of the Domi-
nicans, 29th April A. D. 1451, by Dr David
Cadzow, the first rector, on the third book of
the sentences, De vita et honestate clericorum ;
* Ex Archivis Univer. Glasgowen.
Chap. 4. Sect. 3. LEARNING, Ac. I(^g
and Dr John Lennox read, the same day in tlie
same place, on the rubric of tlie civil law*. Dr
Andrew Garlics, doctor of medicine, was admit-
ted a member four days after this, and was pro-
bably the fii'st professor of that science in this
university.
In the same year in which the university of Coiiige.
Glasgow was thus established, the college or fa-
culty of arts was also formed. Dr WiHiam El-
phinston was chosen the first dean of that facul-
ty ; and the regents immediately began their
lectures in logics, physics, and philosophy. Tlie
college was governed by a principal or chief re-
gent, who was subject to the authority of the
rector of the university. Dr Duncan Bunch
was the first principal f. The ancient records of
the college were kept in a book distinct from
those of the university.
The university and college of Glasgow being Confinnea
thus completely formed. King James II., by his 'i'?/"™"'
letters-patent under the great seal, dated at
Stirling, 20th April A. D. 1453, took under his
special patronage and protection, the rector,
dean of faculty, proctors of nations, regents,
masters and scholars, and their successors ; and
exempted them, together with their beadles,
•writers, stationers, and parchment-makers, from
all taxes, tolls, watchings, wardings, &c. within
this kingdom t-
* Ex Archivis Univcr. Glasgoiven.
t Kx Archivis Collegii Glasgowcn.
{ Ex Archivib Univtr. Glasfroweii,
164 HISTORY OF BKITAIN. Book V.
ByBiskop William TunibuU, Bislioi) of Gkisajow, wlio
"'^" " • had been the chief promoter of this institution,
granted a charter, dated at his city of Glasgow,
1st December, A. D. 1453, containing a variety
of powers and privileges conferred by him on the
rector and university. Particularly he granted
to the rector of his university of Glasgow, and
his successors, jin-isdiction and cognisance in all
civil and pecuniary causes of smaller moment
within the university; reserving those of greater
importance to his ov/n determination as lord of
the regality. He also granted to the rector the
trial and cognisance of all quarrels and disputes
bet^veen the members of the imiversity and the
inhabitants of the city and regality of Glasgow;
reserving to the latter the privilege of appealing
from the decisions of the rector to the bishop or
his official. All beneficed clergymen within the
diocese of Glasgow, who were members of the
university, either as regents or students, were by
this charter exempted from the obligation of re-
siding in their parishes, but were obliged to keep
curates. The Bishop also granted an exemption
from all tolls, exactions, and services impased by
the city, to all the members of the university,
including the beadles, shield bearers, familiars,
servants, writers, stationers, parchment-makers,
with their wives, children, and servants; and
obliged the magistrates of the city of Glasgow,
when they entered on their offices, to take an
oath before the chancellor of the diocese, to pro-
tect the university in all its privileges. In a word.
Chap. 4. Sect. 5. LEARNING, kc 16^
William Bishop of Glasgow granted the same
privileges, almost in the same words, to his uni-
versity of Glasgow, that Henry Bishop of St An-
drew's had before granted to his university of St
Andrew's; and both these prelates used the style
of independent sovereigns, prescribing laws and
granting privileges to their subjects*.
But though the powers, privileges and immu- ni tndo«.
nities of this new university and college were
sufficiently ample, their endowments and reve-
nues were very small. For some time they seem
to have had no possessions or fixed revenues, but
to have depended entirely on occasional dona-
tions, and the fees paid by the students. They
could the more easily subsist in this manner, that
the rector, the principal regent, the other re-
gents, and even many of the students, were be-
neficed clergymen or monks. It appears also,
from the most ancient matricidation-rolls, that
the rest of the students were, for the most part,
yoimg noblemen or gentlemen ; few persons of
inferior rank having either the ambition or abi-
lity to give their sons an university education f.
Bishop TurnbuU, it is said, intended to have en-,
dowcd his favourite university, which he con-
sidered as his child, with certain rents and tene-
ments ; but he went to Rome, and died there in
the prime of life, only about nine months after
he had granted the above charter, without hav-
ing executed his intention.
• Ex Arciiivis Univcr. G.lasgoncn, f Ibid,
166 HISTORY OF BRITAIN. Book V.
Lord Ha- '1^1 ic collegG of Glasgow rcceived its first valu-
oTea'tbt- '"^^^^^ benefaction, wliicli gave it a solid foundation
nefactor. i^}|(| establishment, from the noble family of Ha-
milton, who seem to have tlie best title to the ho-
nour of l)eing its founders. James Lord Hamil-
ton, and his Lady Euphemia Countess of Doug-
las, by a deed or charter, dated at Glasgow, 6th
of January A. D. 1459, granted to tlieir beloved
• Duncan Bunch, principal regent, to the other
regents, and to the students in the college or fa-
culty of arts, in the miiversity of Glasgow, and
their successors, a tenement on the east side of
that street in Glasgow which leads from the ca-
tliedi'al to the market cross, for their accommo-
dation, with four acres of ground adjacent. The
principal regent, with the other regents and stu-
dents, accordingly took up their residence in that
tenement (on the site of which the present college
is built), and lived in a collegiate manner. In
this charter, the Lord and Lady Hamilton fre-
quently call themselves the founders of the col-
lege of Glasgow ; and in return for this valuable
benefaction, they oblige the members of their
college to perform a variety of religious rites for
the benefit of the souls of their founders. In
particulai', they oblige them, every day after
dinner and supper, to stand up and pray, for the
good state of the universal churcli, for the King
and Queen of Scotland, and of the souls of Lord
and Lady Hamilton, their founders. Besides this,
they oblige all tlie members of tb.eir college who
are priests, to say a great number of masses
Chap. 4. Sect. S. LEARNING, &c. 167
every year, for the souls of their founders, and
for the souls of all those from whom the Lord
Hamilton had taken any thing, and had never
made any return*. This was a very common
method of compensating injuries in those super-
stitious times ; and to this many churches and
monasteries, as well as colleges, owed their ex-
istence.
* Ex Archivis Univer. Glasgowen>
THE
HISTORY
OF
GREAT BRITAIN
BOOK V.
CHAP. V.
HISTORY OF THE ARTS IN GREAT BRITAIN, FROM THE
ACCESSION OF H£U^nY IV. A. D. 1399, TO THE ACCES-
SION OF HENRY VII. A. D. 1485.
The frequent wars in which the people of DccUua of
Britain were engaged in this period, were as ^'^**
unfriendly to the improvement of the arts as to
the advancement of learning. The art of war,
indeed, was cultivated with the greatest ardour,
and many improvements were made in the
science of shedding human blood ; while some
of the most necessary and useful arts were al-
lowed to languish and decline. But it is pro-
per, and may be both useful and amusing, to
take a more attentive view, first of the necessary,
and then of the pleasing arts, in this period.
170 HISTORY OF BRITAIN. Book V.
6ECTIOM I.
History of the necessary Arts in Britain from A. D. 1 399,
to A.D. 1485.
Agricui- Agriculture, the most necessary and useful
of all arts, could not flourish or be much im-
proved, when those who cultivated the soil
were little better than slaves, and laboured not
so much for themselves, as for their haughty
masters, who, in general, treated them with little
kindness, and less respect.
Distress of Thcsc uuhappy rustics were not even pennitted
a ourers. ^^ pursuc their humble toils in peace, but were
liable every moment to be called from the plough
into the field of battle, by a royal proclamation,
or by the mandates of their own arbitrary lords.
Such multitudes of this most useful order of men
actually fell in battle, or were destroyed by the
accidents and fatigues of war, that hands were
wanting to carry on the necessary operations of
husbandry. This occasioned loud complaints of
the scarcity of labourers, and of the high price of
labour. IVIany laws were made to reduce and
fix the price of labour, to compel men to be-
come labourers, and to restrain them from follow-
ing other occupations*. In one of these statutes
it is said, that noblemen and others were greatly
distressed for want of labourers and servants
* See Statutes,' Tih Hun. IV. ch. 17, , lid Ilcn, V. ch. '1, ; 4th Hen,
V. ch. 4. ; 2d Hen. VI. ch. 14. ; 23d Hcu. VI, ch. 12.
Chap. 5. Sect. I. THE ARTS. I7I
in husbandry ; and therefore it was enacted,
*• That whoever had been employed at the
" plough, or cart, or any other husbandry -work,
" till he was twelve years of age, should be com-
" pelled to continue in that employment during
" life." It was further enacted, " That none
" who had not lands or rents of the value of
" twenty shillings a-year (equivalent to ten
" pounds at present), should be permitted to put
" any of their sons apprentices to any other
" trade, but should bring them all up to husban-
" dry." These hai'd laws, which infringed so
much on natural liberty, were enforced by very
severe penalties : a proof that the evil they were
intended to remedy was very sensibly felt*".
But these and several other laws limiting; the Change in
~ agricul.
price of labour, seem to have had little or no ture.
effect. The scarcity of labourers still continued,
and with the increasing ravages of war increased,
and at last produced a memorable revolution in
the state of agriculture, which made a mighty
noise for many years. The prelates, barons, and
other great proprietors of land, kept extensive
tracts of them around their castles, which were
called their demesne lands, in their own imme-
diate possession, and cultivated them by tlieir vil-
lains, and by hired servants, under the direction
of their bailiffs. But these great landholders
having often led their followers into the fields of
war, their numbers were gradually diminished,
and hired servants could not be procured on -
• Statutes, 7lh Hen. IV. cb. 17.
172 HISTORY OF BRITAIN. Book. V.
reasonable terms. This obliged the prelates,
lords, and gentlemen, to inclose the lands around
their castles, and to convert them into pasture-
grounds. This practice of inclosing became very
general in England about the middle of this pe-
riod, and occasioned prodigious clamours from
those who mistook the effect of depopulation for
its cause. For when we consider, that the import-
ance, honour, and security of the nobles, knights,
and gentlemen of those times, depended more
upon the number of their followers, than on the
greatness of their estates, we cannot suppose it
possible that the generality of them, nearly about
the same time, would have agreed to expel their
faithful followers from their demesne lands, in
order to cover them with defenceless flocks and
herds, if they had not been compelled to do it
by some very general and powerful cause. We
learn from the best authority, the testimony of
many acts of parliament, that the depopulation
of the country, and the difficulty of procuring
labourers, was the real cause of this remarkable
revolution.
Com- John Rous of Warwick was a most violent de-
tiiat ac- claimer against the nobility and gentry who in-
closed their lands ; and a considerable part of his
History of England consists of the most bitter in-
vectives against them: calling them depopulators,
destroyers of villages, robbers, tyrants, basilisks,
enemies to God and man ; and assiu'ing them, that
they would all go to the devil when they died*.
- J, Rossi Hist Ang. p. 39— d4. p. 88—96. p. 114— 137.
cuunt.
Chap. 5. Sect. 1. THE ARTS. I73
This zealous enemy to inclosures tells us, that he
presented a petition against them to the parlia-
ment that met at Coventry A. D. 1459, which
was totally disregarded ; and that several peti-
tions to succeeding parliaments had been equally
unsuccessful*. But though John Rous was a
contemporary writer, no great regard is due to
his opinions, as he was evidently a superficial
observer, and a weak credulous man. In his de-
clamations against those hated depopulators, he
informs us, that one of that character had actu-
ally been seen in hell, by a certain priest who
was carried thither on the back of a devil, with
whom he was familiar; that the priest was a
little averse at first to trust himself on the back
of his infernal friend, tiU the devil gave him his
word of honour that he would bring him back
in safety ; which he faithfully performed f.
But though this alteration in agriculture was Continued
introduced at first by the scarcity of labourers,
and the high price of labour, it cannot be denied,
that the humour of inclosing arable lands, and
converting them into pastures, was at length
carried too far ; and early in the succeeding pe-
riod, we shall find that parliament interposed to
stop its progress:]:.
The frequent dearths which happened in this Dearths.
period, is another evidence of the imperfect state
of agriculture. In the present age, when grain is
double its ordinary price, it is accounted a great
* .]. Hossii ni'-t. An^f, ji. 120. f Id. p. 94.
\ Statutes, 4tli Hen. VII. cli. 10". 19.
174 HISTORY OF BRITAIN. Book V.
dearth, and is very severely felt by tlie great botly
of the people. But in those times grain was fre-
quently triple or quadruple its usual price, which
must have produced a grievous famine*. The
most common price of a quarter of wheat in this
period seems to have been about 4s. or 4s. 6d. at
the rate of 40s. or 45s, of our money at present.
But we are informed by a contemporary historian,
that in A. D. 1437 and 1438, the price of a quar-
ter of wheat in many places was no less than
11. 6s. 8d. (equivalent to 13l. 6s. 8d. at pre-
sent) ; and the price of all other kinds of grain
in the same proportion to their ordinary prices f.
In this extremity, the common people endea-
voured to preserve their wretched lives by drying
the roots of herbs, and converting them into a
kind of bread:}:.
Cheapness It must bc coufcsscd, that in the course of this
period grain of all kinds was sometimes exceed-
ingly cheap. Wheat was sold, A. D. 1455, in
some places, at Is. the quarter f. But this was
not so much owing to any improvements in hus-
bandly, as to an extraordinary importation of
corn from the continent in order to procure a
supply of English wool. This excessive import-
ation which threatened the ruin of the English
farmers, excited the most violent complaints,
and gave occasion to a corn-law, A. D. 1463.
By that law it was enacted, that no grain of any
* See Chronicon Prcciosum, p, 98—114.
f Hist. Croyland. p. 518. \ Ibid.
§ Stow, p, S98,
of grain.
Chap. 5. Sect. 1. THE ARTS. I75
kind should be imported, when wheat was be-
below 6s. 8d., rye under 4s., and barley under
3s. per quarter ; which were high prices, and
called for a supply from abroad*.
But the great decrease in the value of land is Low value
the strongest proof of the decline of agriculture "
in this period. There are some examples of land
sold at twenty-five years purchase in the reign of
Edward III., which, it is probable, was not much
above the common price f. But there is the
fullest evidence that land had fallen in its value
to ten years purchase, in the reign of Edward IV.
For that prince promised, by proclamation, a re-
ward of lOOOl. in money, or an estate of lOOl.
a-year, to any who should appreliend the Duke
of Clarence, or the Earl of Warwick :}:. It is even
probable that land was sometimes sold consider-
ably lower. Sir John Fortescue, advising Ed-
ward TV. to reward his servants with money, ra-
ther than with land, says, " It is supposed, that
" to sum of them is givyn lOOl. worth landyere-
** ly, that would have hold him content with
" 2001. in money, if thay might have had it in
" hand J." So deplorable are the effects of long
and frequent wars, especially of intestine wars,
in a country not overstocked with inhabitants.
If agriculture declined in England in this pe- in scot-
riod, it declined still more in Scotland, as that un-
» Statutes, 3d Edw. IV. ch. 2.
I Godwin de Prcsiilil)us Angl. p. 116.
} Uym. F(i.'d. toni. 1 1 . p. G.54.
§ Fortescue on Absolute and Limited Monarchy, p. 85.
176 HISTORY OF BRITAIN. Book V.
happy country luid suffered more in proportion to
its population and wealth, by long and ruinous
wars. The low state of its agriculture in this
period is evident from the laws that were made
for its improvement. By one of these laws,
A. D. 1424, it is enacted, " That ilk man of
" simple estate, that sould be of ressoun labourers,
*' have owther half an ox in the pleuh, or else
" delve ilk day vii fute of length, and vii on
" bread*." Another law, A. D. 1457, is thus
expressed : " Anent the sawing of quheit, peis,
" and beinis, it is sene speidfuU, that ilk man
" crend with a pleug of viii oxen, shall saw at the
" least ilk yeir, anefirlot of quheit, half an firlot
" of peis, and forty beins, under the pane of ks. to
*' the barronne of that land that he dwells in. —
" And giff the baiTone saws not the said corn in
" his domainis, he sail pay to the King x sh." f
How different from this is the present state of
agriculture in North Britain !
Garden- Orcliards and gardens were cultivated in this
as well as in former periods ; but if any great
improvements were now made in that branch of
agTiculture, by the introduction of new fruits,
plants, herbs, or flowers, they have escaped my
researches. The following verses of King James
I. of Scotland, contain a description of the royal
garden at Windsor, as it appeared about A. D.
1414,
* Black Acts. fol. 7. f II>id. f. 44.
mg.
Chap. 5. Sect. 1. THE ARTS. i<^^
Now was there maid fast by the Touris wall
A gardyn faire, and in tlio corneris set
Ane herbere grene, with wandis long and small
Railit about ; and so with Ireis set
Was all the place, and hawthorn hegis knet,
That lyf • was non walkyng there forbye
That myght within scarce any wight aspye.
So thick the bcuis and the levis grene,
Beschadet all the allyes that there were,
And middis every herbere might be sene
The scharp grene suete junipere,
Growing so fair with branchis here and tliere,
That as it semyt to a lyf without.
The bewis spred the herbere all about |.
That excellent and most accomplished Pi*ince, in Scot.
James I., who was not a mere scholar, but pos-
sessed no little skill in many of the useful as
well as elegant arts, laboured with great ardour
to inspire his subjects with the love, and to in-
struct them in the practice of those arts, and,
amongst others, of the art of gardening. " At
*' his leisure hours, (says a contemporary histo-
" rian, who was well acquainted with him,) he
" not only indulged himself in music, in reading
" and writing, in di'awing and painting, but
" when the circumstances of time and place,
*' and the taste and manners of those about him,
" made it proper, he would sometimes instruct
*' them in the arts of cultivating kitchen and
" pleasure gardens, and of planting and ingraft-
" ing different kinds of fruit trees |." That il-
• Lyf, living person.
f Poetical remains of James I.
t Scoticron. lib. 1C>. c. 30.
VOL. X. is"
178 HISTORY OF BHTTAIN. Book V,
liistrious Prince, Henry V., thougli, for political
reasons, he kept the unfortunate James a pri-
soner during his whole reign, and would pro-
bably never have consented to his enlargement,
could not help admiring his virtues and ac(;om-
plishments, and acknowledging, that the sub-
jects would be happy who were governed by
such a prince*.
Cuitivat- Though greater attention was paid to the breed-
ing grasses o o l ^ ^
unknown. Ing and feeding of sheep and cattle in this than
in any former period, the sowing of grasses and
the manuring of pastures were quite unknown.
Making Salt is at all times an important article, and
was of still greater importance in those times,
when salted meats were so much used ; and yet
the art of making it was very imperfectly under-
stood in England. Henry VI. being informed,
that a new and better method of making salt
had been invented in the Low Countries, he in-
vited John de Sheidame, a gentleman of Zea-
land, with sixty persons in his company, to come
into England, to instruct his subjects in the new
method of making salt, promising them protec-
tion and encouragement f .
Architec- It would be improper, on many accounts, to
encumber the pages of a general history, with
tedious minute details of every trivial transitory
change in the necessary or pleasing arts, which
had little or no effect on the appeafance of the
country or the state of its inhabitants. This was
■ Seoticron. lib IC, c, 30. f Kym. Foed. torn, 8, \y 761.
tiire.
Chap. 5. Sect. 1. THE ARTS. 179
never promised or intended in this work, in which
it is only designed to introduce, in their proper
times, such useful inventions and important im-
provements in the arts, as were productive of real
and permanent advantages. It is not necessary,
therefore, in this place to give a detailed descrip-
tion of the state of architecture, as that was very
nearly the same in this as in the preceding period.
Though great guns were now used both in the Military.
attack and defence of places, no alterations were
yet made in constructing and fortifying such
places. The prodigious thickness and solidity of
the walls of the Anglo-Norman castles, made any
alteration to appear unnecessary, as they seemed
to be sufficiently strong to resist any force with
which they could be assaulted. The trvith is,
that the people of England in this period, were
much more employed in beating down than in
building. Many large, strong, and magnificent
castles were demolished or dismantled during
those desolating civil wars between the houses of
York and Lancaster, but very few were built.
For at the same time that these castles were de-
stroyed, their noble proprietors, who might have
rebuilt them, were either killed or ruined. So
many of the artificers also employed in building,
fell in these and other wars, that they became
exceedingly scarce, and the price of their labour
very high; and all the laws made to remedy this
evil proved ineffectual*. Scotland was in the
» See Stntmes, Ith Hen. IV. c. 14 ; 2d IIcii, V, c 4. an. 1. c.'J ;
6th Hl'ii. VI. c, S. an. 8. c. 8. an. 23. c 12.
180 HISTORY OF BRITAIN. Book V.
same situation in this respect. Masons and car-
penters were so few, that they undertook more
works tlian they could execute ; the trouble and
expence of building were so great, that it be-
came necessary to make laws to compel men of
fortune to build*.
Sacral. The tastc for founding and building monaste-
ries and cluu'ches did not prevail so much in this
as it had done in some preceding periods. This
was partly owing to the unhappy state of the
country ; and partly to the doubts which had
been raised in the minds of many persons of all
ranks, by AVickliffe and his followers, concern-
ing the merit of those pious but expensive works.
It cannot be denied, however, that the style of
sacred architecture, commonly called the Gothic,
continued to be gradually improved, and in the
course of this period was brought to the highest
perfection. Of this most lofty, bold, and perfect
style of Gothic architecture, several specimens
remain entire; and as these structures were much
admired in the age in which they were erected,
they are still beheld with pleasure, not without
surprise. Of this kind are — the divinity school
at Oxford — the chapel of King's College at Cam-
bridge— the collegiate church of Fotheringay —
the chapel of St George at Windsor, and several
other churches in England f. Specimens of this
kind are also to be found in Scotland, as the col-
• -Black Acts, .lames I. c. 89, 90. 92.
I Warton's Observations on the Fairy Queen, vol. 2. p. 182, &c
Chap. 5. Sect. 1- THE ARTS. o^
lege church in Edinburgh — tliat chapel which is
now the vestry to the old church in the same
city — the palace-church in Linlithgow — the east
church in Stirling, &c. which were all built in
this period.
To prevent the necessity of a minute descrip- King's
tion of the pecidiarities of this style of architec- chaiir
ture, it may be proper to lay before the reader
the plan of King s College chapel in Cambridge
(the most admired edifice of this kind), extract-
ed from the last will of its royal founder, Hen-
ry VI., by one of our historians. " The words
" of the will are these — As touching the dimen-
" sions of the church of my said college, of our
" Lady and St Nicholas at Cambridge, I have
" devised and appointed, that the same church
" shall containe in length 288 foot of assize, with-
" out any iles, and all of the wideness of 40 foot.
" And the length of the same church, from the
" west end, inito the altars at the quire door,
" shall contain 120 foot, and from the provost's
** stall unto the steps called Gradus Chori, 90
" foot, for 36 stalls on either side of the same
" quire, answering to 70 fellows, and ten priests
" conduits, which must be JDe prima forma.
" And from the said stalls to the east end of the
" church, 22 foot of assize. Also a rere-dosse
" bearing the roodloft, departing the quire and
" the body of the church, containing in length
" 40 foot, and in breadth 1 4 foot. The walls of
" the same church to be in height 90 foot, em-
" battled, vaulted, and chere-roofcd, sufficiently
182 HISTORY OF RRITAIN. Book V.
** hutteracetl, and every biitterace fined with
" finials. And in the east end of the same chvirch
" shall be a window of nine days, and betwixt
" every biitterace a window of five days. And
" betwixt every of the same biitteraces in the
" body of tlie church, on both sides of the same
" church, a closet, with an altar therein, contain-
" mg in length SO foot, and in breadth 10 foot,
" vawlted and finished under the soyle of the isle
" windows. And the pavement of the church to
" be enhanced four foot above the ground with-
" out ; and the pavement of the quire one foot and
" a half above the pavement of the church*."
This light, lofty, and beautiful structure was
founded A. D. 1441, and consecrated A. D.
1443, though it was not finished till some years
after ; and is still in excellent preservation.
If many churches and castles were destroyed
by the desolating wars of this period, a much
gi'eater number of villages and private dwellings
were demolished or deserted. John Rous of
Warwick names no fewer than sixty villages,
within twelve miles of that city, some of them
formerly large and populous, with churches and
manor houses, that were destroyed and aban-
doned f. In such circumstances, no improve-
ments could be made in civil architecture that
merit investigation. It is sufficient to observe in
general, that the common jieople were but indif-
ferently lodged ; and tliat the mansions of the
great were more magnificent than comfortable.
» Stow'e Aiaiah, p. 380. f J. Kossii Hist. Ang. p. 122,
Civil ar-
chitectuic.
Chap, 5. Sect. K THE x\I{TS. - 18^
The arts of mining, of refining and working aietuUic
arts.
metals, so useful in themselves, and so necessary
to all the other arts, were greatly improved in
England in the fourteenth century, as appears
from that brief delineation of them in the fifth
chapter of the fourth book of this work* to which
the reader is referred. We have no reason to
think that any of the metallic arts declined, but
rather that they were improved and multiplied
ill our present period. The efforts of ingenious
men to discover an universal medicine, and a me-
thod of refining the baser metals into gold and
silver, were more strenuous and more encou-
raged in this than in any preceding period ; and
though these efforts did not succeed to their wish,
they improved their knowledge of the nature of
metals, and of the arts of working them. Those
wars which were hurtful to other arts and artists,
were favourable to those employed in fabricating
defensive armour and offensive arms, with which
every man, both in England and Scotland, was
obliged by law to be furnished.
Though tin and lead had long been staple com- Mining
modities of England, and valuable articles of ex-
port, the English miners were not believed to be
so skilful in their profession as those of Germany.
Henry VI,, therefore, having failed in all his at-
tempts to prociu'e the precious metals by alchy-
my, brought over, A. D. 1452, Michael Gosse-
leyn, George Hartryke, Matthew Laweston,
three famous miners, with thirty other miners,
* Sec the eighth volume.
184 HISTOllY OF BUITAIiV. Book. V.
from Boliemia, Austria, and Hungary, to superr
intend and work the royal mines, and instruct
liis subjects in their art*. Of the success of this
project we liave no account
cikiing. As gold and silver were very scarce in Eng-
land in this period, the art of gilding a great
variety of goods made of baser metals, to give
them the appearance of plate, was much prac-
tised ; and some of these gilders had so much
art, and so little honesty, as to sell their gilded
wares at the price of real plate. To punish such
as should be guilty of this gross imposition, and
also to prevent the use, or rather the waste, of
too much gold and silver in gilding, it was
enacted by parliament, A. D. 1403, " That no
" artificer, nor other man, whatsoever he be,
" from henceforth shall gilt nor silver any locks,
" rings, beads, candlesticks, harness of girdles,
" chalices, hilts nor pomels of swords, powder-
" boxes, nor covers for cups, made of copper
" or latten, upon pain to forfeit to the king cs.
" at every time that he shall be found guilty,
" and to make satisfaction to the party grieved
" for his damages ; but that (chalices excepted)
" the said artificers may work, or cause to be
" wrought, ornaments for the church of copper
" and latten, and the same gilt or silver ; so that
" always in the foot, or in some other part of
" every such ornament so to be made, the cop-
" per, and the latten shall be plain, to the in-
*' tent that a man may see wlicreof the thing is
* Ilyin. Twd, torn. IL p. 317.
Chap. 5. Sect. 1. THE ARTS. J 85
" made, for to eschew the deceit aforesaid*." By
a subsequent law, gilders were still further limit-
ed ; and embroiderers, having been guilty of simi-
lar frauds, were subjected to similar penalties f.
It hath been iustly observed, that as arts are P'vi«'onof
T ■, , labour,
miproved, labour is gradually more and more di-
vided; and that this division of labour contributes
to their further improvement t- The manufac-
turers of metals in England were now divided
into many branches, and many articles of hard-
ware were manufactured by them, that had for-
merly been imported. In consequence of peti-
tions to the last parliament of this period, from
the pinners, cutlers, blade-smiths, blacksmiths,
spurriers, gold-beaters, founders, card-makers,
wiremongers, coppersmiths, of London and other
cities, towns, boroughs, and villages, an act was
m ade, prohibiting the importation of all the f oUow-
ing articles : — Harness for girdles, pins, knives,
hangers, tailors-shears, sysors, andirons, tongs,
fire-forks, gridirons, stock-locks, keys, hinges,
and garnets, spurs, beaten gold or beaten silver
wrought in papers for painters, horse-harness,
bits, stirrups, buckles, chains, latten nails with
iron shanks, turnels, standing candlesticks, hang-
ing candlesticks, holy-water stops, chaffing-
dishes, hanging lavers, curtain-rings, cards for
wool (except lloan cards), clasps for gowns,
buckles for shoes, broaches, bells (except hawks-
- StatiUrs, 5ili Hen, IV, cli. 13.
f Ibid. Hib Hen. V. th. 3; 2d lien VI. ch. 9.
j See Dt Smith's extcllcnt work on tht VV'taltli of Nations, vol. I.
arts.
Igg HISTORY OF BRITAIN Book V.
bells), tin imd leaden spoons, wire of latten and
iron, iron cantUesticks, grates, or any other arti-
cles manufactured by the petitioners*. This is a
sufficient pr(x>f, to which others might be added,
that the metallic arts were improved, multi]:)lied,
and diffused, in the course of this period ; thougli
they were still but in their infancy, in comparison
to the magnitude, multiplicity, and perfection,
at which they have since arrived.
Clothing The great importance of the clothing aits,
particularly of the woollen manufacture, was now
so well understood in England, that the cala-
mities and confusions of w^ar only retarded, but
could not prevent, the progress and improve-
ment of those arts, and of that manufacture.
The English had at length discovered and re-
garded these. two obvious truths i-^That it was
better to manufacture their own clothing of
their own wool at home, than to pay foreigners
abroad for doinff it :— and that wool made into
cloth was a more valuable article of export, than
in the fleece. Kings and parliaments, in the
preceding period, endeavoured to induce and
compel the people to act upon these maxims, by
making severe laws against the exportation of
wool and the importation of cloth f. By the
operation of these laws, and other concurring
causes, the nmnber and skill of the people em-
ployed in the woollen manufacture gradually in-
creased ; and at the beginning of this period, that
» Statutes, 1st Richard III. cli. 12.
f §ce vp}. 8. hook i. tlj. 5. § 1.
Chap. 5. Sect. 1. THE ARTS. ^^p^
most valuable manufacture, which hath contri-
butedsomuch to the prosperity and wealth of Ensj-
land, was widely diffused and firmly established *.
Though the kings, lords, and commons of Laws for
England, in this period, were too much engaged couragel
in war, they did not neglect an object of so great """"*'
importance as the woollen manufacture. On the
contrary, no fewer than twelve acts of parliament
were made in the short and turbulent reiirn of
Henry IV. for the regidation and encouragement
of that manufacture ; for preventing the expor-
tation of wool and importation of cloth ; and for
guarding against frauds in the fabrication of it at
homef. Henry V. was too much engaged in
projects of ambition and conquests to pay proper
attention to manufactures; but in the succeeding
reigns, a great number of statutes were made for
the improvement of the clothing artsf. From
these statutes, which afford the best h istorical evi-
dence, it plainly appears, that the woollen manu-
facture had now spread from one end of England
to the other, and produced, not only sufficient
quantities of cloths of various kind for home-con-
sumpt, but also great quantities for exportation.
The arts of spinning, throwing, and weaving siik.
silk, were brought into England in this period,
and practised by a company of women in London,
called dnf-women. Upon a petition of this female
company to parliament, A. D. 1455, representing,
• Amlcisoii'» Hist. Com. vol. 1. p. 229.
+ S«c Statutes temp. Hen. IV.
1 See Statutes temp. Hen. VI„ Edw. IV,, Rich. III.
.-J
war,
188 HISTORY OF BRITAIN. Book V.
that the Ijombiirds and otlicr Italians imported
sucli quantities of silk thread, ribbons, corses, t^c.
that they were in danger of being reduced to great
poverty, an act was made for prohibiting the im-
portation of any of the articles manufactured by
these silk-women*. These articles consisted onlv
of laces, ribbons, and such narrow fabrics, in no
great quantities. From such small begiimings did
the present great silk manufacture of England
derive its origin. Towards the end of this pe-
riod, about A. D, 1480, men began to engage in
the silk manufacture, which, before tliat time,
had been wholly performed by women f.
Art of ^Vs the destructive art of war was much
studied and practised, it was also much im-
proved, in this period; and various changes
were introduced in the manner of raising, form-
ing, and paying armies, in their arms, opera-
tions, discipline, &c. The most important of
these improvements and changes shall be de-
scribed in as few words as possible.
Raising The feudal military services were always per-
formed with reluctance, gradually decreased in
efficacy, and at this time were not to be depended
upon for raising an army, especially for a foreign
expedition. When such an expedition, therefore,
was intended, our kings raised the best part of
their armies,by entering into indentures with their
own dukes, earls, barons, and knights, and with
foreign chieftains; who engaged to serve them, on
* Statutes, 35(1 Hun. VI. cli. 5.
f 23d Edw. IV. cli. 3,
armies.
Chap. 5. Sect. 1. THE ARTS. 189
a certain expedition (described in the indenture),
for a certain time, with a stipulated number of
men at arms and archers, at a fixed price. These
indentures contained several other covenants and
regulations respecting the service which makes it
proper to lay the substance of one of them before
the reader. By an indenture between Hemy V.
and Henry Lord Scroope, it is stipulated, That
the said I^ord Scroope shall attend and serve the
King, one year, in an expedition into France, with
thirty men at arms, and ninety archers on horse-
back ; himself to be one of the men at arms ;
the rest to consist of three knights and twenty-
six esquires : — That Lord Scroope shall receive
for his own daily pay, 4s. ; for each of the
knights, 2s. ; for each of the esquires. Is. ; and
for each of the archers, 6d. ; — That, besides this
pay, the Lord Scroope shall receive the usual
regard (or douceur), at the rate of 100 marks
per quarter, for thirty men at arms ; — That all
prisoners taken by Lord Scroope and his troops,
in the said expedition, shall belong to him, ex-
cept kings, kings sons, generals, and chieftains,
who shall be delivered to the King, on his pay-
ing a reasonable ransom to the captors. The
other articles relate to the securities and terms of
payment, the time and manner of musters, &;c.
and are not very material. This indenture was
made 29th April A. D. 1415, when Hemy V.,
was ])reparing for his first expedition into France;
about which time many others of the same kind
Avere conch i ded * .
• Ilym. loL-d toni. <J. i>, '2rJ0.
igO HISTORY OF BRITAIN. Book V.
Continued. Tlio clueftaiiis, who contracted with tlic King
to serve him with a certain number of troops,
made similar contracts with small bodies of men
at arms and archers to make up that number.
Thus, for example, Thomas Earl of Salisbury en-
gaged, by an indenture dated June 1, A. D.
1415, William Bydyk, Esq. a man at arms, to
serve under him with ten archers, for one year,
in the intended expedition into France, at the
daily pay of Is. for himself, and 6d. for each of
his archers. From this contract it appears, that
the regard (as it was called), at the rate of 100
marks per quarter for every thirty men at arms,
belonged wholly to the chieftain, to enable him
to keep a table for his men at arms ; and that
he had also a right to the third part of all the
plunder, and of the ransom of all the prisoners
taken by those under his command*. These
military contracts were very beneficial to the
great barons of those times, which made them
fond of war, especially of foreign expeditions,
by which many of them were greatly enriched
in the victorious reign of Henry V. ; though
their country was almost ruined by their per-
nicious victories.
Pay of We cannot but observe, that the pay of soldiers
soldiers, ^£ ^ rauks, in an army raised in this manner,
was very high. The daily pay of a duke was one
mark, equivalent to about 71. of our money; of
an earl, 6s. 8d. equivalent to 3l. 10s. ; of a baron,
4s. equivalent to 2l. ; of a kniglit, 2s. equivalent
' Rym. Feed, torn. 9. p. 258.
Chsip. a. Sect. 1. THE ARTS. \^i
to 11. ; of an esquire or man at anils. Is. equiva-
lent to 10s. ; of an archer, 6d. equivalent to 5s.*
The pretences for this high pay were these,- — the
shortness of the service, and the great expences
they were at in furnishing themselves with horses,
armour, arms, clothing, victuals, servants, and
every thing, except shipping and artillery. But
however just these pretences might be, the ex-
pence of an army of this kind soon exhausted all
the revenues of the crown, and almost all the
resources of the country. Henry V. had not only
expended all the treasure he had been amassing
for two years by bon-owing, and every other art,
but was obliged to pawn his crown, and his most
valuable jewels, before he embarked on his first
expedition against France f. When will poste-
rity profit by the errors of theu- ancestors ?
When an invasion or rebellion was apprehend- Diireient
ed, and a great army to be raised m a short time,
to repel the one, or suppress the other, a different
and less expensive method was pursued. The
King summoned all the military tenants of the
crown to attend him in arms ; sent letters to the
archbishops, bishops, deans, archdeacons, abbots,
and priors, to arm and array aU their clergy,
to defend the church and kingdom against the
enemies of God and the King ; and issued procla-
mations to the sheriffs of the several counties
commanding tliem to array all the able-bodied
men in their counties, between the age of sixteen
* Rym. Feed. torn. 9. p. 227.
t Id, ibid. p. 257. 284, 'J85.
192
HISTORY OF BRITAIN. Book V.
and sixty ; at tlie same time g-mntin<^ commissions
to certain knights and gentlemen in each county,
to divide the men, when raised, into regiments of
1000, and companies of 100, and parties of 20,
to train and conduct them to the place of ren-
dezvous*. By these means very great armies
were raised in a few weeks, at a very small ex-
pence. On pressing occasions, the great barons
made voluntary offers to serve the King with a
certain number of knights, men at arms, and
archers, without pay or reward ; and some of
them to fit out ships, at their own expence, for
the protection of the coasts f.
Discipline. Amiics that were so suddenly raised, and, after
a short service, as suddenly dismissed, could not
be well disciplined. Henry V. seems to have
been the first of our kings who was sensible of
the importance of regular movements and
united efforts ; and was at much pains to teach
his troops to march in straight lines, at proper
distances with a steady measured pace, to ad-
vance, attack, halt, and even fall back, at the
word of command, without breaking their ranks.
This discipline, imperfect as it was, gave him
great advantages over the French, who in those
times were almost as tumultuary in advancing
to an attack, as in flying from a defeat. To
this superior discipline of his troops that prince
was indebted for his success in general, and parti-
cularly for his great victory at Agincourt; as ap-
• Rym, Feed, torn 8. p. 12.T. 138. 146. 270. ; torn. 9. p. 216. 2;*.3,
&c. t Itl. torn. 8. p. 126.
Chap. 5. Sect. 1. THE ARTS. 193
pears from the account given of that famous bat-
tle, and from the contemporary historians, from
whom that account is taken*.
Though the men at arms, covered with po- Arci.ers.
iished armour from head to foot, and mounted
on great horses, were the most splendid and most
expensive, they were not the most useful troops.
The archers formed the chief strength of the
English armies, and were the great instruments
of all their victories in this period. The archers
sometimes gained great victories without the
least assistance from the men at arms ; as, parti-
cularly, the decisive victory over the Scots at
Hamildon, A. D. 1402. In that bloody battle
the men at arms did not strike a stroke, but ^vere
mere spectators of the valour and victory of the
archers f. The Earl of Douglas, who command-
ed the Scots army in that action, enraged to see
his men falling thick around him by showers of
arrows, and trusting to the goodness of his ar-
mour (which had been three years in making),
accompanied by about eighty lords, knights, and
gentlemen, in complete armour, rushed forward,
and attacked the English archers, sword in hand.
But he soon had reason to repent his rashness.
The English arrows "were so sharp and strong,
and discharged with so much force, that no ar-
mour could repel them. The Earl of Douglas,
after receiving five wounds, was made prisoner ;
and all his brave companions were either killed
* Sec chap. 1 . p. ,'5 1 .
t Otterbourne, p. 2?iC,. Walsing. p. "6G.
VOT,. X. O
1()1. HISTORY OF BRITAIN. Rook V.
or tJikeii*. Philip do Comiiies aclvnowlcdges,
Avliat our own writers assert, tliat the Enolish
archers excelled those of every other nation ; mid
Sir John P'ortesciie says aofain and awiin — " that
'' the might of the realme of England standyth
" upon archers f." The superior dexterity of
tlieir archers gave the English a great advantage
over their capital enemies the French and Scots.
The French depended chiefly on their men at
arms, and the Scots on their pikemen ; but the
ranks of both were often thinned and thrown
into disorder by flights of arrows before they
could reach their enemies,
111 Scot. James I., who had seen and admired the dex-
terity of the English archers, and who was him-
self an excellent archer, endeavoured to revive
the exercise of archery among his own subjects,
by whom it had been too much neglected f.
With this view he ridiculed their awkward man-
ner of handling their bows, in his humorous
poem of Christ's Kirk on the Green ; and pro-
cured the following law to be made in his first
parliament, A. D. 1424, immediately after his
retuni to Scotland : " That all men busk thame
" to be archares fra the be 12 years of age, and
" that at ilk ten punds worth of land thair be
" made bow markes, and speciallie near paroche
" kirks, quhairn upon halie dayis men may cum,
" and at the leist scluite thryse about, and have
* W^alsing. p. ()66.
f Fortescue on the diflercnry bctweon an absolute and limited monar-
chy, p. 88. 90. Philip de Cominos, f. 1, p. 27.
I Scolicron. lib, 16. c. 28.
Chap. 5. Sect. 1. THE ARTS. I95
" usage of archarie; and quliasa usis not archarie,
" the laird of the land sail rais of him a wedder ;
*' and giff the lakd raisis not the said pane, the
" king's shiref or his ministers sail rais it to the
« king*." But tlie untimely death of that ex-
cellent prince prevented the effectual executioji
of this law.
It hath been already observed, that tlie chang- Fiioarms.
es introduced into the art of war by the inven-
tion of gunpowder were very slowf . The mar-
tial adventurers of those times were not fond of
changing the arms to which they had been accus-
tomed ; and it was difficult to find instruments
to manage and direct an agent so impetuous as
gunpowder. The instruments employed for that
purpose, for almost two centuries, were called by
the general name of cannon, though they were of
many different kinds, shapes, and sizes, distin-
guished from each other by particular names, as
culverines, serpentines, basilisks, fowlers, scor-
pions, &c. :j: All these ancient cannon were made
of iron only, without any mixture, till towards
the end of this period, when a mixed and harder
metal was invented, cdiSledifont-mefal or b?'onxe^.
The cannon of this period were of very dif- cannon,
ferent sizes, some of them exceedingly large, and
others very small. We read of some cannon
that discharged balls of 500 pounds weight, and
required fifty horses to draw them, and of others
not much heavier than a musket ; and between
• Black Acts, fol. 4. -f See vol. S. ch. 5. § 1.
\ Rym Ffcfl. torn. 12. p. 140. Daniel, Milice Francoisc, torn. I.
p. 322. § Id. ibid. p. 3'J.5.
19() HISTORY OF BRITAIN. Book V
these two extremes there were many gradations.
INIonstrelet mentions a caimon cast by John
Mangud, a famous founder, A. D. 1478, that
tlirew a ball of 500 lb. from the Bastile to Cha-
renton ; and Philip de Comines acquaints us,
that there were 10,000 men armed with culve-
rines in the Swiss army at the famous battle of
Morat, A. D. 1470*. These small culverines,
or hand-cannon, as they were sometimes called,
were carried some of them by one man, and
some of them by two men, and fired froin a
rest. They seem to have been first brought in-
to Britain by the Flemings who accompanied
Edward TV. in his return to England, A. D.
1471 ; for these troops, in number 300, were
armed, it is said, with hand-guns f.
Carts of The Scots had a kind of artillery peculiar to
themselves in this period, called carfs of war.
They are thus described in an act of parliament,
A.D. 1456: " It is thocht speidfull, that the
" king make requeist to certain of the great bur-
" rous of the land that are of ony myght, to
" mak carts of weir, and in ilk cart twa gunnis,
" and ilk ane to have twa chalmers, with the re-
" manent of the graith that effeirs thereto, and
" ane cunnand man to shute thame." By an-
other act, A. D. 1471, the prelates and barons
are commanded to provide such carts of war
against their old enemies the English t-
* Monstrelet Contln. p. 69. Comines, lib. 5. c. 3.
f Leland's Collectanea, vol. 2. p. 503.
I Black Acts, James II. act 52. James III. act 55.
war.
Ghap. 5. Sect. 1. THE ARTS. I97
Many of the cannon-balls used in tliis period Bails ot
* StOllC
were made of stone. Henry V. gave a commis-
sion, A. D. 1419, to John Louth, clerk of the
ordnance, and John Bennet, mason in Maidstone,
to press a sufficient number of masons to make
7000 cannon-biills, in the quarries of Maidstone-
heath*. Even towards the end of this period,
some of the cannon-balls were made of stone, and
others of metal. Edward IV. gave a commission
to one William Temple, A. D. 1481, to press
masons, smiths, and plumbers, to make cannon-
balls, some of stone, some of iron, and some of
leadf. It is a curious and well attested fact,
that the art of discharging red-hot balls from can-
non was known and practised early in this pe-
riod. When an English army, commanded by
the Duke of Gloucester, besieged Cherbourg,
A. D. 1418, the besieged (as we are told by a
contemporary writer of the best credit) discharg-
ed red-hot balls of iron from their cannon into
the English camp, to burn the huts in which
the soldiers were lodged |.
The cannon that were used in ships of war in ship guns.
this period were few in number, and of a small
size. This appears from the following authentic
account of the furniture of the ship caUed the
Queen's-hall, in which Henry IV. sent his daugh-
ter Philippa, Queen of Sweden, Denmark, and
Norway, to her liusband. Henry Somer, keeper
of the private wardrobe in the Tower, delivered
to WiUiam Lovency, treasurer to Queen Philippa,
* Ryin. Feed. loin. 9. p, .542. f Id, torn. 12. p. 140.
I Thomas dc Elmham, Vita Hen. V. p. 155.
198 HISTORY OF BRITAIN. Book V.
for the arinainciit of lier ship — 2 guns — 40
pounds of poAvder for these guns — 40 stone
balls — 40 tompions — 1 mallet — 2 firepans — 40
pavises — 24 bows — and 40 slieffs of arrows*.
From the Jibove aeeount, it is probable that
each of these guns required only one pound of
powder for a charge. But when ships were
fitted out for a warlike expedition, tliey were a
little better armed.
Field ar- Guupowdcr aiid caunoiiwere not much usedin
tiUery. > ^ ,
fields of battle for a considerable time after they
were invented. Though they were sometimes
used before, Edward IV. was the first King of
England who depended much on his field-pieces,
or derived any great advantage from them. In
the battle of Stamford, fought by that prince
against a numerous army of his rebellious sub-
jects, commanded by Sir Kobert Wells, " the
•' King (we are informed by a contemporary his-
" torian) sparkeled his enemies with his ordi-
" nance, slew many of the commons, and thereby
" gained the victory f." The train of field-artil-
lery prepared by Edward, A. D. 1481, to repel a
formidable invasion tlu'eatened by the Scots,
must have been considerable, since it required a
great number of oxen and horses to di'aw it, and
consisted of six or seven different kinds of can-
Ariofat- lion*.
tacking
^bitb. No part of the military art was more studied,
or better understood, by the English in this pe-
• Ryin Frtd. torn. 8. p. 117.
■(■ Leland's Collectanea, vol. 2. p. 502.
I Ilym. Feed. torn. liJ. p. 140.
Chap. ,-,. Sect. 1. THE ARTS. ' 190
riod, especially in the reign of iicniy V., than
that of attacking strong places. Tliat heroic
])rince had no opportunity of lighting many
battles ; but he besieged and took many cities,
towns, and castles, that were strongly fortified,
bravely defended, and beUeved to be impregna-
ble. These sieges are described at considerable
length by two contemporary historians ; from
whose writings the foUowino- verv brief account
of the modes of tlie attaciv and defence of places
in this period is collected*.
When Henry \'. had invested a city or town CoiuinueJ.
where he expected a vigorous resistance, and ap-
prehended an attempt to raise the siege, he se-
cured his army from the besieged by lines of con-
travallation, and from the enemy without, by
lines of circumvallation, strengthened by paUi-
sadoes, and small towers of wood at proper dis-
tances. In summer he lodged his men in tents,
and in winter in huts disposed in regidar streets.
Approaches were made by trenches ; batteries
were constructed, and planted with machines for
throwing great stones, and with battering cannon
to make breaches in the walls. Under the pro-
tection of the artillery, the ditch was filled up
with branches of trees, earth, and stones. In the
mean time, the miners were employed in making
approaches under-ground ; and these being some-
times met by counterminers, bloody skirmishes
were fought between the besiegers and besieged.
In these skirmishes in the mines, Henry himself
* See Monstrclct, torn i, Thomas de Elmham, ;)a«j/«.
OQO HISTORY OF BRITAIN. Book V.
frequently engaged. The besiegers and besieged
annoyed eacli otlicr by flights of quarrels from
tlieir cross-bows, and by large bodies of combus-
tible materials set on fire and discharged from
engines. 15y these means Henry took every city,
town, and castle in France that he besieged,
eitlier in person or by his generals, though some
of them were defended, with great bravery, to
the last extremity.
Alt of ^\^Y\ art was invented on the continent, and in-
printing.
troduced into this island, in this period, which,
though it cannot be called necessary, is certainly
most excellent and useful. This was the art of
printing; which hath contributed so much to
dis])el that darkness in which the world was in-
volved, and diffuse the light of religion, learning,
and knowledge of all kinds. But though printing
hath thrown much light on every other subject,
its own origin remains in some obscurity ; and
there have been many disputes about the time
when, the place where, and person by whom,
it was invented. Without entering into these
disputes (in which Britain is not concerned), it
may be sufficient to say, that, upon the whole,
it seems most probable, that Laurentius Coster,
keeper of the catliedi'al of Haerlem conceived
the first idea of printing about A. D. 1430 ; and
between that time and A. D. 1440, when he
died, printed several small books in that city,
with wooden types tied together with threads.
As this art was likely to be very profitable, Lau-
rentius kept the secret with great care, and
wished to tjansniit it to his familv. But this de-
Chap. 5. Sect. 1 . THE ARTS. 201
sign did not succeed. For about the time of his
death, John Geinsfleich, one of his workmen,
made his escape from Haerlem, carrying with
him, it is said, some of his master's types, and
retired to INIentz, and there began to print with
wooden types, A. D. 1441, being encouraged
and supplied with money by John Fust, a wealthy
citizen. About two years after he settled at
INIentz, John Geinsfleich, or his assistant John
Gutenberg, invented metal-types, and set them
in frames ; which was so great an improvement,
that the city of IMentz claimed the honour of
being the place where printing was invented*.
From Haerlem and Mentz, this noble art was
gradually conveyed to other cities of Germany,
Italy, France, England and other countries.
All our historians and other writers, who flou- i" Eng-
rished in or near those times, and mention the
hitroduction of printing into England, unani-
mously, and without hesitation, ascribe that ho-
nour to JNIr William Caxton, mercer and citizen
of London f. Attempts have since been made
to deprive him of that honour, in favour of one
Corsellis, who, it is pretended, printed here some
years before him. But the story of Corsellis is
in many particulars improbable; and there seems
still to be good reason to believe that Mr Caxton
was really the first printer of England^. This
modest, worthy, and industrious man hath been
already noticed as an historian ; he was also the
* See Meerman, Maltaire, Marchand, Palmer, Ames, &c. on the
liistory of printiti;^.
f Sec Dr Middiclon's woiks, 4to. vol. 3, p. 245. } Id. il)id.
202 . HISTORY OF BRITAIN. Rook V.
translator of many books out of French into Eng-
lish; but he merited most of his country by in-
troducing the art of }>rinting. After he had
served his apprenticeship to an eminent mercer
in London, he went into the Low Countries,
A. D. 1442, as agent to the Piercers' Company,
and resided abroad about thirty years. He was
appointed by Edward IV., A. D. 1464, his am-
bassador to negotiate a treaty of commerce witli
Philip Duke of Burgundy, one of the greatest
princes in Europe ; and when the Lady JNIarga-
ret. King Edward's sister, was married to Charles
Duke of Burgundy, A. D. 1468, he was greatly
favoured and much employed by that active
princess*. Though Mr Caxton was now about
fifty-six years of age, being a man of great cu-
riosity and indefatigable industry, he acquired,
" at grete charge and dispense" (as he says
himself), so complete a knowledge of the new
and admired art of printing, that he actually
printed, A. D. 1471, at Cologne, a book which
he had translated out of P'rench into English,
called The Recule of the Uislorie.s of Tnnje\.
Having }}resented a copy of this book to his
patroness, the Duchess of Burgundy, for wliich
he was well rewarded, and disposed of as
many copies as he could on the continent, he
came over to England, A. D. 1472, bringing
with him the remaining copies as specimens
of his skill in the art;. Encouraged by Tho-
• Rym. Focd. torn. 11. p. 591. t Ames, p. 2—5-
\ Middkton, p. LM9.
Chap. 5. Sect. 1. THE ARTS. 203
mas Milling, Abbot of Westminster, and others,
he set up a printing press, A. D. 1473, most pro-
bably in the almonry of Westminster-abbey,
where it is certain he wrought a few years after ;
and from that press he produced, in March A. D.
1474, a small book translated by himself out of
French, called The Game at Chess, w^hich is the
first book we know with certainty was printed
in England*. From this time to his death, A. D.
1491, he applied with so much ardour to trans-
lating and printing, that though he was an old
man, he published about fifty books, some of
them large volumes, and many of them translat-
ed by himselff . How productive is incessant
labour, and how worthy are such men as Caxton
of a place in the history of their country !
Though Mr Caxton was the first, he was not Printers,
the only printer in England in this period. Theo-
dore Rood, John Lettow, William JMachelina,
and Wynkyn de Worde, foreigners, and Thomas
Hunt, an Englishman, printed in London both
before and after the death of IVIr Caxton ; by
whom, it is probable, the foreigners were brought
into England, and employed as his assistants |.
A schoolmaster of St Alban's, whose name is not
preserved, set up a press at that place ; and seve-
ral books were printed at Oxford between A. D,
1478 and 1485$. In the colophon of one of the
' Middleton, p. 249. Ames, p. 5.
f Id. ibid. Soe Biograpliia Brilannii'a, iii Caxton.
I Aincs, p. 71— 110. Middlttai, p. 240.
§ Id. p 2;iy. 213.
204 HISTORY OF RRITAIX. Book V.
books ])rintecl there in the lasst of these years are
tlie following verses :
land
Cclatos, Vuiicti, nobis tninsmiltcre libros
Cuditc, nos aliis vendiinus, O Veiieti !
which seem to indicate, that the English printers
were not only able to answer the demand for
books at home, but even exported some of their
works*.
In Scot- ~No book hath yet been discovered printed in
Scotland in this period. But it is highly proba-
ble tliat the fu-st productions of the Scottish press
perished in the almost total destruction of the ca-
thedral and monastic libraries at the lief ormation.
The Scots had great intercourse \^'ith the Low
Countries, where that art was much practised.
James III. was exceedingly fond of the arts, and
of artists, and no less fond of books ; and there-
fore could not but wish to introduce this admired
art into his dominions. I have now before me a
large, beautiful, and splendid book, w^hich be-
longed to that prince, as appears from the fol-
lowing inscription, in the hand-writing of those
times, on the blank leaf fronting the title-page :,
I.ste liber pertinet Ea^cclleulf'ssrmo et invictismno
Pr'mcqu Jacoho Tertlo, Delgratki, Scotorum Re-
gi Illustrlsdmo. A little below is the king's
subscription, Jacobus Tert'ms ll.m. a very strong
and beautiful ]iand. It is a voluminous system
of scholastic moral pliiloso})liy, called Speculum
' 3Iiddlitoii, p. ^'iO.
€bap. 5. Sect 2. THE ARTS. 205
MbraVdatiH (the JMirror of Morality), composed
by the famous Dr ^''incentius, consisting of 278
leaves in large folio, of very thick and white
paper, without signatures, catchwords, pages, or
folios, beautifully printed in two columns, and
in some places finely illuminated. At the end
is this colophon : Vlncentii Specidi Moralitatis
liber secundus, in quo dc quafuor novissimis disse-
ritur^finitfeliciter * * *, without printer's name,
place, or date. But from the form of the letter,
the great number of abbreviations, the want of
signatures, catchwords, and folios, and some
other marks, it appears to have been printed
about A.D. 1470, most probably at Venice. This
is indeed no proof that printing was introduced
into Scotland in this period ; but it is a proof that
James III. was at the pains and expence of pro-
curing the most splendid and voluminous pro-
ductions of the press from foreign countries.
SECTION II.
History ofthefne and jilcasijig Arts of Sculpture, Paints
ing. Poetry, and Music, in Britain, from A. D. 1400,
to A.D. 14-85.
If the frequent wars in which the people of War un-
Brit'iin were engaged in this period were un- to'lhe Le
friendly to the necessary, they could not be fa- "'*"'
vom-ablo to the fine and pleasing arts ; and if
any of these flourislied, it must have been owino-
ft
206 HISTORY OF BRITAIN. Book V.
to some aceidenttil circumstances. For the muses
and tlie graces naturally fly from scenes of tumult
and devastation, and delight in the calm and se-
curity of national prosperity and peace. A very
brief account, therefore, of these arts, in this
place, Avill be suflicient.
Scuiptuic. We have good reason to believe, that scidptors
and statuaries were more employed, and better
rewarded for their works, in this than in any for-
mer period, which must have contributed to the
improvement of their art. The followers ofWick-
liffe condemned the worship of images in the
strongest terms; and several of them submitted to
suffer the most painful death, rather than to ac-
knowledge the lawfulness of that worship*. This
alarmed the clergy, and made them redouble their
efforts to inspire the minds of the people with a
superstitious veneration for images. With this
view, they not only propagated many stories of
miracles wrought by images, but they increased
the number of them, and grudged no expence to
procure such as, by the excellence of their work-
manship, the beauty of their appearance, and the
richness of their dress, were likely to excite the
admiration, and inflame the devotion, of the
multitude towards thernf . These efforts were not
unsuccessful. There was no time in which the
worship of images more prevailed than in the age
immediately before the Reformation ; nor was
tliere any thing which the people of England then
relinquisJied with greater reluctance, than the
* Fox. p. 476, 477. f Id. p. 489, &c.
Chap. B. Sect. 2. THE ARTS. 207
images in tlieir chiirclies. Tlie.se, however, were
at length completely removed and destroyed ;
wliich puts it out of our power to judge by in-
spection of the degree of excellence to which
sculpture had arrived in this period. A few
statues still remain in niches, on the outside of
some of our cathedrals, particularly on the west
end of the cathedral of Wells ; and though these
outside statues were probably not the works of
the best artists, they afford no unfavourable spe-
cimen of this art in those times*.
The taste of adorning sepulchral monuments statues.
with statues, and figures in basso and alto relievo,
prevailed as much, both in Britain and on the
continent, in this as in any period; and this
taste procvu-ed much employment to the sculptor
and statuary. Many of these monuments, witli
their statues, were defaced or ruined with the con-
ventual churches in which they were placed ;
but those on the monuments in other churches
escaped much better than the images which had
been objects of adoration ; and great numbers of
them are still rcmainingf . If we had proper
drawings and descriptions of these monuments,
with their statues and other ornaments, they
would not appear inferior to those of France,
of which very elegant drawings and descriptions
have been published |. For we know with cer-
tainty, that English artists were employed in
erecting monuments for some of the great
* Blown Willfcs Mctr. AijI). vol, 2. p. rjV.T. Wartoii on Spuncer, vol.
'-• P- 197- t Stnitt, vol. rj. p. 184.
\ See Montfaufoii Monumcns I'rancois, loin, 3,
208 HISTORY OF ERITALV. Book V.
princes on the continent. Tlionuis Colyn/riiomas
Holewell, and Tliomas Poppeliowe, made the
alabaster tomb of John IV. Dnke of Brittany, in
London, carried it over, and erected it in the ca-
thedral of Nants, A. D. 1408 ^. We know also,
that the irreat English barons of those times ex-
pcndcd much money on their monuments, and
employed, in executing them, the best artists
that coulci be found f. A few of these artists
were foreigners; but the greatest number of
them were natives of England. Of the live art-
ists who were employed, in erecting the monu-
ment of Richard Beauchamp Earl of Warwick
(who died A. D. 1439), and adorning it with
images, four were Englishmen, viz. two marblers,
one founder, and one coppersmith ; the other
artist was a Dutch goldsmith. The number of
images adorning this monument was thirty-two,
besides the great image of tlie Earl. These were
all cast of the finest latten, by WiUiam Austin,
founder, of London, and gilded with gold by Bar-
tholomew Lambespring, the Dutch goldsmith |.
Though the beauty of this monument, and its
various ornaments, is much impaired by time,
yet some parts of it are in such preservation,
as to give us a favourable idea of the skill
of these artists, and of the improving state of
their several arts. This monument, with the
chapel of our Lady in St Mary's church, War-
* Rym. Feed, torn 8. p. 510.
f See Moniiraenta Westmoiistoricnsin. Weavcv's Funpral Moiui-
inents. Diigdale's Warwickshire. Stow's .Survey. &:C. &c.
I Dugdale's Warwickshire, vol. 1. }>■ 4i.'i, 446.
Chap. 5. Sect. 2. THE ARTS. 209
wick, in which it was erected, cost 24811. 4s. 7d.,
equivalent to 24,8001. of our money at present*
In a word, in an age when hardly any person of
rank or wealth died who had not a monument
erected to his memory, with his effigies, in free-
stone, marble, or metal upon it, the artists who
were employed in erecting these monuments,
having so much employment, and so great en-
couragement, could not fail to make improve-
ments in their arts.
The reigning superstitions of those times, with Painting.
the vanity of the rich and great, contributed as
much to the improvement of painting, as of the
arts above mentioned, by furnishing constant em-
ployment, and good encouragement, to a great
number of painters. For as cathedral, conven-
tual, and other rich churches, were crowded with
crucifixes and images, and their chapels with se-
pulchral statues, so the walls of both were almost
covered, and their windows almost obscured,
with paintings of various kinds, as pictures of our
Saviour, the Virgin Mary, the apostles, and other
saints, Scripture-histories, allegorical and armo-
rial pieces, kc. All these paintings have been
long ago destroyed, except a few fragments of
painted glass ; but we have sufficient evidence
that they did exist, and that many of them were
painted in this period. " John Carpenter, town-
" clerk of London, in the reign of Henry V.,
" caused, with great expences, to be curiously
" painted upon board, about tlie north cloister
• Dugdale's Warwickshire, vol, 1. p. -147.
VOL. X. P
210 HISTORY OF BRITAIN. Book V.
" of St Piuil's, ii monument of Death, leading
" all estates, with the speeches of Death, and
" answer of every state*." This famous picture,
called, the Dance of Death, contained the figures
of persons in all the different ranks of life, in
theu- proper dresses, and Avas painted in imita-
tion of one of the same kind, in the cloister ad-
joining to St Iimocent's church-yard in Paris.
The French verses were translated in to English by
John Lydgate, the poetic monk of Buryf . The
expence of painting the above-mentioned monu-
ment of Richard Earl of AVarwick, and the cha-
pel, was considerable ; and these paintings were
of differeiit kinds, and performed by different
artists. John Prudde, glazier in Westminster,
engaged to glaze the chapel " with glass from
*' beyond the seas, of the finest colours, of blue,
" yellow, red, purpure, sanguine, and violet, and
" of all other colours that shall be most necessary
" and best, to make rich and embellish the mat-
" ters, images, and stories, that shall be delivered
" to him by patterns on paper, afterwards to be
" newly traced and pictured by another painter,
" in rich colour, at his charges t-" It is not im-
probable that the fifty-three delineations, illus-
trating the history of this Earl of Warwick by
John Rous, who then resided at Warwick (con-
tained in a MS. in the Cotton library), which
have been published by Mr Strutt, are the very
* Stow's Survey of London, vol. 1. p. 261.
t Dugdale's St Paul's, p. 1S4. Walpole's Anecdotes of Painting,
vol. 1. p. 71. 8vo.
t Dugdale's Warwickshire, vol. i. p. 446.
Chap. 5. Sect. 2. THE ARTS. o- ,
patterns that were delivered to John Prudde to
be painted on the windows of the chapel, oi*
that these delineations were copied from the
windows after they were painted*. However
this may be, the glass and workmanship cost
1081., equivalent to 10801. of our money f. John
Brentwood steyner, of London, covenanted " to
" paint fine and curiously on the west wall of the
" chapel, the dome of our Lord God Jesus, and
" aU manner of devices and imagery thereto be-
" longing, of fair and sightly proportion ;" for
which he was to receive 131. 6s. 8d., equivalent
to 1301. 1" Christian Coliburne painter in Lon-
don, covenanted " to paint in most fine, fairest,
" and curious wise, four images of stone ordained
" for the new chapel in Warwick ; whereof two
" principal images, the one of our Lady, the other
" of St Gabriel the angel ; and two less images,
" one of St Anne and another of St Georsre :
" these four to be painted Avith the finest oil
" colours, in the richest, finest, and freshest clo-
" things that may be made of fine gold, azure, of
" fine purpure, of fine white, and other finest co-
*' lours necessary, garnished, bordered, and pow-
" dered, in the finest and curiousest wise §."
We have no opportunity of knowing with what
taste these paintings were executed ; but it was
certainly intended that they should be very fine.
Portrait-painting had not yet become fashiona- portrait.
ble, and we hardly hear of any portraits that were p^"*'"^'
* See Strutt, vol. 3. j- Dugdalc, vol. 3.
t Id. ibid. 1). 417, « ld.il)id.
212 HISTORY OF BRITAIN, Book V.
painted in this period, except those of a few great
princes, prelates, and nobles*. As this branch
of the art, therefore, was not much cultivated,
it was not much improved. The portraits of the
kings and queens of England, and of a few other
eminent persons of those times, which are still
preserved, have been examined by a gentleman
of distinguished taste ; and on his authority it
may be safely pronounced, that portrait-painting
in Britain was then in a very imperfect state f.
In the museum of the Society of Antiquaries of
Scotland, lately established at Edinburgh, by a
royal charter, there is a portrait, in oil colours,
well preserved, with the following inscription, in
Spanish, at the bottom, " The most excellent and
" most serene Lord T. George Innes, a native
" of Scotland, minister-provincial and vicar-ge-
" neral of England, cardinal, who flourished
" A. D. 1412, and wrote those books." The
books are painted near the top of the picture on
a shelf, with the following titles in Latin: " De-
" scription of Jerusalem in its deformity — La-
" mentations of the Holy Land — Griefs of the
*• Virgin Mary — History of the order of the
" Holy Trinity for the redemption of captives."
The cardinal is drawn in the habit of the order
of the Trinity (in which he made a conspicuous
figure, as superior of the convent at Aberdeen,
minister-provincial for Scotland, and at last vi-
* See Hon. Mr Walpole's Anecdotes of Painting, ch. 2, 3.
f Id. ibid.
Chap. 5. Sect. 2. THE ARTS. 213
car-general for England, Scotland, and Ireland),
with the cross of that order on his breast, and
the red mantle of a cardinal above his habit. On
his head he hath a small red bonnet, and the
large red hat on a table before him. In his
right hand, extended, he holds a pen, in his left
a scroll of paper ; his eyes are lifted up, his face
turned a little to one side, with strong expres-
sions of intense thought and contemplation.
This picture hath probably been preserved by the
care of the ancient and honourable family of
Innes, in Aberdeenshire, from which the cardinal
was descended, and was lately presented to the
society by a gentleman of that family. If it was
really painted in Spain, A. D. 1412, only two
years after painting in oil is said to have been in-
vented by John Van Eyck, it affords another
presumptive proof, that this invention is more
ancient than is commonly believed.
The illuminators of books supplied the place iiiumin«-
both of histoiy and portrait-painters in this period,
and present us with the pictures of many eminent
persons of both sexes, and representations of
various transactions, in miniature. This delicate
art of illuminating was chiefly cultivated by the
monks, and carried to a high degree of perfec-
tion. Many beautiful specimens of this art are
still remaining in the British Museum, and other
libraries ; and prints of a considerable number
of them have been published by Mr Strutt*.
- See Strutt's Ecclesiastical and Civil Antiquities of England.
214, HISTORY OF BRITAIN. Book V.
Tliough these prints do not exhibit the bright
and vivid colours of the originals, tliey give us a
view, not only of the persons and dresses of our
ancestors, but also of their customs, manners,
arts, and employment, their arms, ships, houses,
furniture, kd. and enable us to judge of their skill
in (h'avvins: and colourino;. Their figures are often
stiff and formal ; but their ornaments are in ge-
neral fine and delicate, and their colours clear
and bright, particularly their gold and azure. In
some of these illuminations the passions are
strongly painted. How strongly, for example,
is terror painted in tlie faces of the Earl of War-
wick's sailors, when they were threatened with
a shipwreck, and grief in in the countenances of
those who were present at the death of that
hero* ? After the introduction of printing, this
elegant art of illuminating gradually declined,
and at length was quite neglected.
Poetry. Geoffrey Chaucer and John Gower, the illus-
trious fathers of English poetry, died in the be-
ginning of this period ; and after their death,
that pleasing art evidently declined and lan-
guished. Of tliis their successors seem to have
been sensible, acknowledged them for their mas-
ters, and loaded them with praises.
Praise of Jamcs I., Kino" of Scotland, an excellent poet,
Chaucer ' & ' 1 >
and Gow- as wcU as most accomplished prince, concludes
James I. his pocm callcd 77te King's Qtmir, with a kind of
dedication of it to the memory of these two
great poets, then lately dead.
» See StruU, vjl, 2. plates 5*. 58.
Chap. 5. Sect. 2. THE ARTS. 215
Unto impnis ot my maisteris dere,
Gowere and Chaucere, that on the steppis sail
Of rcthorike, quhill thai were lyvand here.
Superlative as poetis laureate,
In moralitee and eloquence ornate,
I recommend my buk in lynis seven,
And eke their saulis unto the blisse of hevin *.
Occleve, who seems to have been personally By Oc-
acquainted with Chaucer, and to have received
instructions from him in poetiy, frequently
laments his death in very pathetic strains:
My dere mayster, God his soul quite.
And fader Chaucer fayne would have me taught ;
But I was dule, and learned lyte or naught,
Alas ! my worthy mayster honourable.
This londis very tresour and rechesse,
Deth, by thy deth, hathe harme irreparable
Unto us donef .
John Lydgate, the poetic monk of Bury, was By Lyd-
no less lavish in his praises of Chaucer : ^^ '*
My maister Chaucer
And if I shall shortly him descrive.
Was never none to thys daye alyve.
To rckon all, bothe of young and olde.
That worthy was his inkehorne for to holdc J.
As these three writers, who thus celebrated
their illustrious predecessors, were unquestion-
ably the best poets of this period, it is necessary
" Poetical Remains of James I. p. 162.
f Warton'8 History of Poetry, vol. 2. p. 42.
I Lydgate's Siege of Troy, book 5.
James I.
imtortu-
iiate.
216 HISTORY OF BRITAIN. Book V.
to give a brief account of their genius and
principal works.
As James I. of Scotland was one of the most
accom})lislied princes that ever filled a throne,
he was also one of the most unfortunate. After
spendiirg almost twenty years in captivity, and
encountering many difficulties on his return into
liis native kingdom, he was murdered by barba-
rous assassins, in the prime of life. In the monu-
ments of his genius he hath been almost equally
imfortunate. No vestiges are now remaining of
Ills skill in architecture, gardening, and painting;
though we are assured by one who was well ac-
quainted with him, that he excelled in all these
arts*. IMany of the productions of his pen have
also perished ; for he tells us himself that he
wrote muchf ; and we know only of three of
his poems that are now extant, viz. Christ's
Kirk of the Green — Peebles to the Play — and
the King's Quair, which was lately discovered
by ]VIr Warton, and hath been published by
another gentleman:]:. But slender as these re-
mains are, they afford sufficient evidence, that
the genius of this royal poet was not inferior
to that of any of his contemporaries ; and that
it was equally fitted for the gayest or the bravest
strains.
* Sooticron. lib. 16. cap. 30.
f King's Quair, canto I. stan. IS.
\ See Poetical llcmains of James I. jmblislied by William Tyllei ol
Woodliousclee, Esq. Walton's Hist. Poet. vol. 2. p. 125.
Chap. 5. Sect. 2- THE ARTS. ^17
The first of the above mentioned poems is well Christ's
Kirk
known, and hath been often printed. It is a
ludicrous description of a country -wedding, at
Christ's Kirk, in Aberdeenshire, which began
with music and dancing, and ended in a fray.
The awkward gambols and merriment of the
country-people, and the comical incidents of a
quarrel which ensvied between two young men,
and soon became general, with the ridiculous
attitudes, actions, and speeches of the com-
batants, (who threatened much, and performed
little,) are described in strains of wit and plea-
santry highly entertaining to those who under-
stand the language. The last stanza, which de-
scribes a cowardly braggadochio, who appeared
with terrible threats, after the fray was ended,
and when he knew there was no danger, may be
given as a specimen :
Quhen all wcs done, Dik with ane aix
Cam furtli to fell a suddir *,
Quod he, quhair ar yon hangit smaix,
Rycht now wald slane ray bruder :
His wyf bad him ga hame, Gib glaiks,
And sa did Meg his mudcr,
He turnit, and gaif them baith their paikis,
For he durst ding nane uder,
For feir,
At Christis Kirk of the Grenc that day.
The historian John Major, who flourished in Kcbics to
the end of the fifteenth, and the beginning of ^'"^ ^'^^'
the sixteentli century, acquaints us, that in his
time several poems which had been comjwscd
♦ To kill a great number.
218 HISTORY OF BRITAIN. Book V^
by James I., were repeated and admired by the
people of Scotland ; particularly a very witty
and pleasant song, which began with these words,
" Yas sin, &c." and another with " At Bel-
" tayn*." It had long been supposed that
both these poems were irretrievably lost. The
last of them, however, hath been lately reco-
vered and publislied, with this title, " Pebles
" to the Playj." It is in the same kind of
stanza and verse with Christ's Kirk of the
Green, and with the same pleasantry and hu-
mour describes the adventures of a company
of country-people, who went to Peebles to
see the annual games at that place. This
amiable prince seems to have delighted in
seeing his subjects in their Sunday's clothes,
and in their hours of festivity. The first stanza
may be a specimen :
At Beltane, when ilk bodie bownis
To Pebles to the play,
To heir the singcn and the soiindis ;
The solace, seith to say,
Be firth and forest fiirth they found ;
Thay grathit tliam full gay ;
God wait what wald they do that stound.
For it was thair feest day,
Thay said,
Of Pebles to the play \.
Kings The chief work of Kinff James now known is
the poem lately published, called the King's Quair,
* J. Major dc gcstis Scotorum.
f It was discovered by Dr Percy, and is published in a collection of
Scottish Ballad:;, vol. 2. "p. I.
I Colleclion of select Scottish Ballads, vol. 2. p. 1 .
Chap. 5. Sect. 2. THE ARTS. 219
i. €. the King's Book, consisting of 197 stanzas,
of seven lines each, divided into six cantos. It
was written in honour of Lady Jane Beaufort,
his beautiful mistress, afterwards his beloved
queen ; and few ladies have had so fine a poem
composed in their praise by a royal lover.
In the first canto, after bewailing the uncom- Canto i,
fortable days and restless nights he spent in pri-
son, he teUs us, that one morning the bell that
rung to matins seemed to call upon him to tell
the story of his love, which, after some hesita-
tion, he determined to do, and invoked the aid
of the nine muses.
In the second canto, he relates his sorrowful Canto 2.
parting with his friends when he was very young,
his capture and imprisonment, and again laments
his loss of liberty and long confinement, in very
affecting strains. He then comes to the main
subject of his poem, the story of his love ; and
tells us, that one morning in IMay, as he was
looking down from the window of his prison in
AVindsor castle into the garden below, listening
to the love-songs of nightingales, and wondering
what the passion of love could be, which he had
never felt, he adds.
And therewith kcst I doun myn eye agcyne,
Quhare as I saw walking under the Tourc,
Full sccretely, new cumyn Iiir to pleyne,
The fairest or the frcschest zoung floure
That ever I saw, methought, before that houii,
For (juiiich sodayne abate, anon asterl,
The blude of all my body to my hcrt.
02Q HISTORY OF BRITAIN. Book V.
He then paints the various emotions of his
lieart, and the beauties of his mistress in strong
and o-lowino- colours. His invocation of Venus,
and his invitation of the nightingales to enter-
tain his lady with thek songs, are finely imagin-
ed and expressed. At her leaving the garden,
he sunk into the deepest melancholy :
To scne her part, and folowe I na might,
Methought the day was turnyt into nyt, &c.
Canto 3. "^^^^ third canto proves, that King James pos-
sessed the most rare and necessary qualification
of a great poet, a lively and inventive fancy.
He imagined that he was transported in a bright
cloud to the planet Venus, and admitted into
the palace of the Queen of Love, where he be-
lield all who had been the votaries to that divi-
nity divided into different classes, according to
their different characters and fortunes. His de-
scriptions of these different classes of lovers dis-
cover that he had acquired an extensive know-
ledge of mankind, even in the sohtude of his pri-
son. The clerical and conventual lovers, who had
taken vows of virginity are thus described :
And efter this, upon yon stage adoun,
Tho' that thou seis stand in capis wyde :
Yon vt re whilom folk of rehgion,
That from the warld their governance did hide,
And freely servit lufe on every syde,
In secrete, with tliaiie bodyis and Ihaire gudis.
And lo I why so, ihey hingin down thaire hudis.
Chap. 5. Sect. 2. THE ARTS. g^l
The descriptions of Cupid and Venus, his ad-
dress to that goddess, and her answer, discover an
equal richness of CKpression and invention. Ve-
nus, after promising her aid, sends him under the
conduct of Good-Hope to JNIinerva for advice.
The fourth canto contains his journey to the Canto 4.
palace of IMinerva, his address to that goddess,
and her answer. Mineiva, after questioning him
concerning the nature of his love, and being
convinced by his ansA^ers that it was of the
most sincere, vu'tuoui, and honourable kind,
gives him many wise advices, and this amongst
others :
Be trewf and meke, and stedfast in thy thot,
And diligevt her mere! to procure,
Not onel; in thy word, for word is not.
But gif thyverk and all thy besy cure
Accord tbreto — —
Minerva then acquaints him, that the success of
every enterprie depended on the decree of Hea-
ven, which, mongst men, was called Fortune,
and directs hin to
Pray Fortie help ; for such unlikely thing
Full oft a)ut she sodeynly dooth bring.
He then too his leave of JMincrva, and thus de-
scribes his decent from her celestial palace :
Us straught as ony lyne
Within aeme, that thro the contree dyvine,
Sclie perng through the firmament extendit,
To grou) agevHe my spirit is descendit.
222 HISTORY OF BRITAIN. Book V.
In these two cantos, the King very artfully
contrives to put several fine compliments to his
mistress into the mouths of Venus and INIi-
nerva.
Canto 5. In tho 5th canto, he sets out in quest of For-
tune, conducted by Gocd-Hope, and describes
the rivers, trees, and arimals of the beautifid
country through which they travelled, in very
poetical language. He found the goddess sit-
ting on the ground, dressed in a party-coloured
robe, sometimes frowning and sometimes smil-
ing, with her wheel before her, from which he
saw many persons fall headlong irto a profound
pit, out of which few of them emerged. Hav-
ing implored her aid for the success of her love,
she encouraged him to mount hei wheel boldly,
to stand fii-m and hold fast ; but ii assisting him
to mount, he says,
She by the ere mo toke
So ornestly that there withall I woke.
Canto c. In the sixth canto, he describe the painful
perplexity he was in, to know whejier what had
passed was a vain dream, or a real ision, which
could afford him any solid hopes. In this per-
plexity he walked to the window < his prison,
where " A turture white as calk" aghted upon
his hand, with a stalk of gillyflowerin her beak,
which she delivered to liim, and tok her flight.
On the leaves of the flowers thesa^erses were
written :
Chap. 5. Sect. 2. THE ARTS. 2^6
Awake ! awake ! I bring lusar, I bring
The newis glad, that blissful ben and sure
Of thy confort ; now launch, and play, and sing,
That art besid so glad an avanture ;
For in the hevyn decretit is thy cure.
Having read these verses a hundred times, they
dispelled all his fears, and filled him with the
most hvely transports of joy.
To these six cantos is subjoined an epilogue,
in which he pours a profusion of blessings on
every person and every thing which had contri-
buted to the success of his love, and paints his
own happiness in the purest and strongest colours.
It is with difficulty I restrain myself from giv-
incT a fuller view of the lono'-lost remains of this
most amiable and accomplished prince, whose
fame hath not been equal to his merit.
Thomas Occleve flourished in the reign of occieve.
Henry V., and composed a considerable number
of poems; but as few of them have been thought
worthy of publication in print, it will be suffi-
cient to give his character as a poet, in the words
of one of the best informed and most judicious
critics of the present age. " Occleve is a feeble
*' writer, considered as a poet ; and his chief me-
" rit seems to be, that his writings contributed to
" propagate and establish those improvements in
" our language which were now beginning to take
" place. His works indicate a coldness of genius.
224 HISTORY OF BRITAIN. Book. V.
" and, on the whole, promise no gratification to
" those who seek for invention and fancy*."
Lytigatc. John Ljdgatc, a monk in the great Benedic-
tine monastery at St Edmundsbury, was by far
the most voluminous, and, in some respects, the
best poet of this period. He composed verses
on a great variety of subjects, and many differ-
ent occasions. His principal works, which have
been printed, were these four, — The Lyfe of our
I,ady,— The Fall of Princes,— The Siege of
Thebes, — and The Destruction of Troy. Of
these, and Lydgate's other poems, the reader
will find a satisfactory account, with many spe-
cimens in the excellent work quoted below f.
The chief excellencies of this poet were, the
smoothness of his versification, and the strength,
beauty, and copiousness of his descriptions, in
which he a]3ounds ; but he seems to have been
inferior to his contemporary King James in ori-
ginality, and the powers of invention. Lydg-ate
was not only a good poet, but also a genenil
scholar, acquainted with all the learning of the
times in which he flourished ; and it is no small
reproach to those times, that he died in his mo-
nastery, at an advanced age, without ever hav^
ing received any preferment.
,?ni? Several other poets, or rather versifiers, appear-
ed in this period ; but they are not entitled to a
]:)lace in general history. I am fully convinced,
that the poems published a few years ago, under
■ ■■■■',- t ' . / ; i J ,
* Warton's History of English Poetry, vol. 2. p. 38.
f Id. ibid. [). 51—100.
poets
music.
Chap. 5. Sect. 2. THE ARTS. 225
the name of Thomas Rowlie, confessor to Wil-
liam Canning, the famous merchant of Bristol,
Were neither written by that gentleman, nor by
any other person in this period. It is impossible,
however, to peruse these poems, without lament-
ing the untimely fate of the unhappy youth who
was their real author.
As martial music was much used and culti- isrartra!
vated in this period, it is probable that it was
improved ; but of the particulars of these im-
provements we have no certain information.
The band which attended Hemy V. in France,
consisted of ten clarions, and many other instru-
ments, and played an hour every morning and
another every evening, at the King's head-quar-
ters*.
Church music was cultivated with as much church
care and diligence in this as in any preceding-
period. As the clergy endeavoured to captivate
the eyes of the people by the magnificence of
their churches, the beauty of their paintings and
images, the splendour of their dresses, the pomp
of their processions, &c. so they endeavoured to
charm their ears by the sweetness of tiieir music;
especially in cathedral and conventual chm'ches,
and in the chapels of kings, prelates, and great
barons, where the service was daily sung by nu-
merous bands of men and boys, to the sound of
organs. This made it necessary for all who assist-
ed in performing the public offices of the church,
to acquire a competent knowledge of music, and
• Monstrclet, HI). 2. cli. 227.
vol,. X. Q
music.
« scieiMC.
226 HISTORY OF BRITAIN. BookV.
caused those who excelled in that art to be much
admired and well rewarded.
Studied as Church m\isic was not merely practised as an
art, but the theory of it was studied as a science,
in this period. It was one of the four sciences
which constituted the quadrivium of the schools ;
and was studied with greater attention than any
of the other three, which were, arithmetic, geo-
metry, and astronomy. A considerable mmibei-
of the youth who were educated for the chm-ch
made music their principal study at the univer-
sities, in order to obtain the academical honours
of bachelors and doctors of music ; because those
who obtained these honours were almost certain
of preferment. Thomas Saintwix, doctor of
music, for example, was appointed provost of
King's College, in Cambridge, by its founder,
Henry VI., A. D. 1463*.
Counter- Harmouy was now superadded to the melody
or plain chant of the ancient church. Counter-
point M^as invented, though it was very imperfect-
ly understood. This new art, as it may be called,
furnished an ample field for exercising the genius
and industry of musical students ; and this was
the chief subject of their studies. A great num-
ber of tracts on counterpoint were written in
England and other countries in this period, of
which the greatest part are lost. Many pieces of
this new music were composed for the church, but
very few of them have been preserved f. The
• Rym. Feed. torn. 11. p. 510.
I See Dr Burney's History of Music, vol. 2. c. 4, .<;. Sir John Maw-
kins, vol, S.
point.
Chap. 5. Sect. 2. THE ARTS. ggy
honour of inventing counterpoint is ascribed to
the Enghsh by John Tinctor, one of the best
Writers on music in this period. " Of which new
*' art (says he), as I may call it, viz. counter-
" point, the fountain and origin is said to have
" been among the Englisli, of whom Dunstable
" was the chief or head*." In these words, the
invention of counterpoint is ascribed to the Eng-
lish, but not to Dunstable, who is only said to
have been at the head of the English musicians
of his time, of wliich there is sufficient evidence
still remainingf . John Dunstable, famous for
his superior skill in astronomy and music, flou-
rished in the former part of the fifteenth centu-
ry, and died in Londortj A. D. 1458. Tinctor,
who flourished in the same century, could not
be ignorant that counterpoint was invented be-
fore the birth of Dunstable. It is not impro-
bable, that what Giraldus Cambrensis had writ-
ten concerning the natural harmony practised
by the people of Wales and the Nortli of Eng-
land in his time, gave rise to the report, that
counterpoint was invented in England f.
Church music was not only admired and stu- studied by
died by the clergy, but it was one of the most '^ *' ^''
pleasing amusements of the laity, and was culti-
vated with diligence and success by persons of the
highest rank. Henry V. was an admirer of church
music, and amlised himself with playing on the
organ J. His contemporary, James I. of Scot-
• Burncy, vol. 2. p. -150. f Id. ibid. p. 405—112.
i Sl-c- vol. 6. p. 251, '^52. § Thomas de fitaiham, p. 12
22S HISTORY OF BRITAIN. Book V.
land, was a capital performer on tlie organ, and
even composed several pieces of sacred music for
the use of the church*. James III. beinir no
less fond of music than of the other fine arts, in-
vited the most famous musicians to his court,
and loaded them with favours. Sir WilUam
Rogers, a musician, was one of liis six unhappy
favourites who were put to death at Lauder,
A. D. 1482f. Ferrerius, an Italian, who wrote
he history of this prince, acquaints us, that he
had conversed with several celebrated musicians
in Italy, who spoke in high terms of the excel-
lence of Scotch music, and the munificence of
James III., in whose court, they told him, they
had been educated t- These musicians had pro-
bably belonged to that numerous choir which
King James established in the chapel of his pa-
lace in the castle of Stirling, and had returned
into their own country after the death of their
royal patron, and carried with them the know-
ledge of the Scotch music. Not only the kings,
princes, and prelates, but all the great and opu-
lent barons of those times had magnificent cha-
pels in their castles, furnished with organs, mu-
sicians, and singers ; and these nobles, with their
friends and families, attended the services of
the church performed in then* chapels as agree-
able entertainments as well as acts of devotion f.
* Scoticron, 1. 16. c. 28. Alessandro Tassoni, Pensieri Diversi, lib. 10.
f See p. 390, 391. | Ferierii Hist.
§, Seethe Northumberland Family-book, p. 323, 324, S67-r-377.
Cfiap, 5. Sect. 2- THE ARTS. 229
The people of Britain have in all ao-es delight- Secoiaa-
ed in secular or social music. It is a sufficient
proof of this, amongst many others that might
be given, that the professors of that art, the scalds
and minstrels, were the favoiu-ites of the great,
and the idols of the people, for many ages. But
long and great prosperity had the same effect
upon these minstrels, that it hath uniformly had
on every order of men. It swelled their num-
bers beyond all due proportion, increased their
avarice, inflamed their pride, and con-upted their
manners, and at length lost them that public
favour which they had long enjoyed. But
though the minstrels began to decline in their
credit in the present period, and were neither
so highly honoured, nor so richly rewarded,
as they had formerly been ; yet such of them
as excelled in their aii; were stiH much respect-
ed. Not only all our kings, but almost all the
nobility and men of fortune, had bands of these
secular musicians or minstrels in their service,
who resided in their families, and even attend-
ed them in their journeys, for their amusement.
These domestic minstrels, besides tlieir board,
clothing, and wages, which they received from
their masters, were pennitted to perform in
rich monasteries, and in the castles of other bar-
rons, upon occasions of festivity, for which they
were handsomely rewarded*. Edward IV.,
A.D. 1469, on the complaint of Walter Hahday,
and his other minstrels, that many ignorant dis-
• Warton Hist. Poet vol. 1. p. 91. Northumberland Book, p. 339.
Much of
it lost.
230 HISTORY OF BRITAIN. Book V.
orderly ])ers<)ns assumed the " name of minstrels,
" and broiinrlit the profession into disgrace, gave
" and granted a licence unto Walter Haliday,
" John Cuff, llobert Marshall, Thomas Grane,
" Thomas Caltliorne, William Cliff, ^Villiam
" Christian, and AVilliam Eynesham, his min-
^' strels, and their successors, to be one body and
'* cominality, perpetual, and capable in law*."
Edward, by the same charter, gave ample powers
to this musical corporation, for correcting the
disorders, and regulating the affairs, of the min-
strels. But this institution neither corrected the
disorders, nor retrieved the reputation, of this
fraternity.
Many of the poems, songs, and ballads, that
were sung by the minstrels and people of this pe-
riod, have undoubtedly perished; but a consider-
able number of them have been preserved and
published! . They are of very different degrees
of merit, and written on a great variety of sub-
jects ; some of them calculated to entertain the
great, and others to divert the vulgar. But
though the words of these poems are preserved,
the tunes to which many of them were originally
sung are now unknown ; and the most diligent
inquirers have been able to discover only a
very few specimens of the popular music of this
period:}:.
• Rym. Feed. tom. 11. p. 642.
f Sec Reliqucs of Ancient Poetry, Ramsay's Evergreen, and other
collections.
\ Sir Jolfn Hawkins, vol. 3. p. 2 — 17. Di Burney, vol. 2. p. 405
—412.
Chap. .-,. Sect. 2. THE ARTS. 251
The secular music of Scotland was greatly im- secuiar
proved at this time, not by the efforts of professed ^"^'j^^^
musicians, but by the inffenuitv of one of her improved
monarchs, James 1., wiio seems to have been
born to excel in every art and science to wluch
he applied his mind. Walter Bower, abbot of
Inch-cohn, who was intimately acquainted with
that prince, assures us, tliat he excelled all man-
kind, both in vocal and instrumental music : and
that he played on eight different instruments
(which he names), and especially on the harp,
with such exquisite skill, that he seemed to be
inspired*. King James was not only an excel-
lent performer, but also a capital composer, both
of sacred and secular music ; and his fame on
that account was extensive, and of long dura-
tion. Above a century after his death he w^as
celebrated in Italy as the inventor of a new and
pleasing kind of melody, which had been ad-
mired and in)itated in that country. This ap-
pears from the following testimony of Alessan-
dro Tassoni, a writer who was well informed,
and of undoubted credit : *' We may reckon
" among us moderns, James King of Scotland,
" Avho not only composed many sacred pieces of
" vocal music, but also of himself invented a
" new kind of music, plaintive and melancholy,
" different from all other ; in which he hath
" been imitated by Carlo Gesualdo, Prince of
" Venosa, who, in our age, hath improved
" music with new and admirable •inventions! ."
• Scoticron, lib. 16. r. 23. f Alcssand. Tabi. rensieri
Divcrsi, lib. 10. Sir Ji)hn Hawkins, vol. 4. p. 5, 6.
232 HISTORY OF BRITAIN. Book. V.
As thelPrince of Vcnosa imitated King James,
the other musicians of Italy imitated the Prince
of \^enosa. " The most noble Carlo Gesualdo,
" the prince of musicians of our age, introduced
" such a style of modulation, tliat other musi-
" cians yielded the preference to him ; and all
" singers and players on stringed instruments,
" laying aside that of others, every where em-
" braced his*." All the lovers therefore of Ita-
lian or of Scotch music, are much indebted to the
admirable genius of King James I. who, in the
gloom and solitude of a prison, invented a new
kind of music, plaintive indeed, and suited to
his situation, but at the same time so sweet and
soothing, that it hath given pleasure to millions
in every succeeding agef .
* Sir John Hawkins, vol. f?, p. 212.
f For a more complete account of Scotch music, see Mr Tytler's Dis-
sertations subjoined to his edition of the Poetical Remains of James I.
Edinburgh, 1783.
THE
HISTORY
OF
GREAT BRITAIN
BOOK V.
CHAP. VI.
THE HISTORY OF COMMERCE, COIN, AND SHIPPING IN
GREAT BRITAIN, FROM THE ACCESSION OF HENRY IV.
A. D. 1399, TO THE ACCESSION OF HENRY VII. A. D.
1485.
1 HE commerce of Great Britain hath at all import-
ance of
times been an object of great importance^ commerce.
and hath contributed so much to the power and
riches, to the comfort and happiness, of its inha-
bitants, that the state and progress of it merits our
attention in every period, and is not unworthy
of a place in general history. Triumplis, con-
quests, and victories, excite a more lively joy at
234.
HISTORY OF BRITAIN. Book V
tlie time when they are obtained, and make a
greater li<;ure in the page of history, tlian tlie
])eaceful, silent adventures of tlie merchant:
but if they do not, in tlie issue, contribute to
increase the ships and sailors, and to extend the
trade of such a country as llritain, they are of
little or no utility, if they are not pernicious.
Such were the celebrated victories obtained by
the English in France, under their heroic King,
Henry V.; ahnost equally ruinous to the victors
and the vanquished,
obstruc- The trade of Britain met with many obstruc-
tions of . , • 1 1 • 1 i_i
trade. tions ui tlic prcscut period, whicli greatly re-
tarded its progress and extension. The martial
spirit that reigned in both the British nations,
with the foreign or domestic wars in which they
were almost constantly engaged, formed the
greatest of these obstructions. In such turbu-
lent times, commerce could not flourish, when
war was the only honourable occupation, the
merchant was despised, his person and property
Avere unsecure, and exposed to many dangers
both by sea and land. As our kings had fe^v
ships of their own, whenever they had occasion
for a fleet, to fight their enemies or transport
their armies, they pressed into their service all
the ships as well as all the sailors that could be
Ibund; which put a total stop to trade. Thus, to
give one example out of many, Henry V., at his
first invasion of France, A. D. 1415, pressed all
the ships in all the ports of England, of twenty
tons and upwards, to transport his army, &c. to
Chap. 6. COMMERCE. &c. 235
the continent*. Even those who were engaged
in trade had imbibed so much of the martial, fe-
rocious spirit of the times, that they frequently
acted as pirates ; and when they met with ships
of inferior force, they seized or plundered them,
without distinguishing between friends and foes.
This obliged the mariners of other nations and
their sovereigns to make loud complaints to the
court of England ; and when they could not ob-
tain redress (which was often the case), they
were compelled to make reprisals, which in-
creased the dangers of navigation, and interrupt-
ed the intercourse between countries that were
not at warf. It was common for the kings of
England, and other princes in this period, to
grant letters of marque to a single merchant,
empowering him to make reprisals on the sub-
jects of a state with which they were at peace,
till he was indemnified for the losses he had sus-
tained from the subjects of that state |. Besides
this, both the Baltic and the British seas were
infested with pirates, who seized and plundered
the ships of all nations without distinction. Nei-
ther the merchants nor the legislators of this pe-
riod entertained just ideas of trade, or of the
most effectual means of promoting it ; and we
may reckon the monopolizing spirit of the for-
mer, and the imprudent regulations of tlic lat-
ter, among the impediments that obstructed its
• Ryrn. Feed, torn 0. p. 21.5 — 218.
t Sec Uakhiyt's Voyages, vol I. p. \54—-lSO. Kyin. Fred. torn. 8.
p. 269, 273 — '-'76. Csi. 287.
t Id. ibid. p. D6. 755. 773.
o.'JG IIISTOKY OF BRITAIX. Book V.
])rogTess. Tlic Britisii morcluints considered all
foreigners who came amongst tlicni for the sake
of trade as interlopers and enemies ; and, at their
instigation, the legislatm-e laid them under re-
strictions that were hardly tolerable. It was en-
acted by the parliament of England, — " That all
*' foreisrn merchants should lav out all the mo-
*' ney they received for the goods they imported,
" in English merchandise to be ex])orted — That
" they should not carry out any gold or silver in
" coin, plate, or bullion, under the penalty of
'' forfeiture — That they should sell all the goods
*^ they imported in the space of three months —
*' That one merchant-stranger sliould not sell
*^ any goods in England to another merchant-
" stranger — That when a foreign merchant ar-
** rived in any port or town in England, a suffi-
" cient host should be assigned him with whom
" he should dwell, and no where else*." The
parliaments, both of England and Scotland,
made many laws against the exportation of gold
and silver in any shape, or on any accoimt ; not
reflecting, tliat if the balance of trade was against
them, that balance must be paid in these pre-
cious metals, in spite of all the laws that could
be made against it, and that these laws could
serve no other purpose but to perplex and dis-f
tress the merchant.
Retarded Eut tlic island of Britain is so favourably si-
grcss. tuated for trade, and the love of gain is so strong
and general a passion in the human mind, that
" Statutes, 4th Henry IV. c. IJ. Jth Hc:iry IV. c. 0, Sec.
Chap. 6*. COMMERCE, &c. 337
all these obstructions, though they retarded, did
not wholly prevent the progress of commerce in
this period, as will appear from the sequel.
Henry IV,, being a wise prince, and knowing Commer-
the great importance of commerce, promoted it ""'^ ^^'^^^'
as much as the unsettled state of his affairs per-
mitted. After tedious negociations, he put an
end to the disputes and mutual depredations that
had long prevailed between the English mer-
chants and mariners, and those of the Hanse
towns of Germany, and of the seaport towns of
Prussia and Livonia, subject to the grand mas-
ter of the Teutonic order of knights, who then
possessed these two last countries. Both parties
made loud complaints, and gave in high esti-
mates of the damages they pretended they had
sustained ; and it required long discussions to as-
certain the justice of these estimates. At length
it was agreed, A. D. 1409, that Henry should
pay 15,955 gold nobles to the grand master, and
416 of the same to the consuls of the city of Ham-
burg, as the balance against his subjects*. Among
other claims, the German and Pru ssian merchants
demanded damages for some liundreds of tlieir
countrymen who had been thrown overboard and
drowned by tlie English. To this claim Henry
made answer — " That when we shall be adver-
" tised of the number, state, and condition of
" the said parties drowned, we will cause suf-
" frages and prayers, and divers other holesome
*' remedies, profital)le for tlie souls of the de-
* Rj'in. Feed. torn. <). p. 601 , G02.
238
HISTORY OF BRITAIN. Book V
" ceased, and accepUible to God and meii, to Ix?
" ordained and provided ; upon condition, that,
" for the souls of our drowned countrymen, tliere
** be the like remedy provided by you *." These
transactions exhibit a strange mixture of barba-
rity and superstition which too much prevailed
in the times we are now describing.
Companies Thougli the dislikc of the English to mer-
of foreign- chant-stranq-crs continued through the whole of
this period, and they were exposed to frequent
insults, and subjected by law to various hard-
ships; yet several companies of them were settled
in London and other places, under the protection
of royal charters. The German merchants of the
steel-yard formed one of the most ancient, opu-
lent, and powerful of these companies, being a
branch of the great commercial confederacy of
the Hanse towns in Germany and Prussia. This
company had been highly favoured by Henry III.
who by his charters conferred upon it various pri--
vileges and exemptions, which were confirmed
by his successors, both in the last and present pe-
riod. These privileges are not distinctly known ;
but it plainly appears, that they were exempted
from contributing to subsidies, tenths and fif-
teenths, and were not subjected to the additional
duties imposed from time to time, on goods ex-
ported and imported ; paying- only the ancient
customs agreed upon at the time of their esta-
blishment, which were very small f. It is not
• Hakluyt, vol. 1. p. 177. f See Anderson's History of
Commerce, vol. 1. p. 111. 114. 120. 129. 240. 279. 282.
Cha^ 5. Sect. 1. COMMERCE, &c. 239
to be wondered, therefore, tliat the English mer-
chants were not very fond of a company of fo-
reigners seated in the metropolis, and enjoying
greater advantages in trade than themselves.
This company had houses in other towns, par-
ticularly at Lynn and Boston, and preserved
their privileges, with some interruptions, almost
& century after the conclusion of this period*.
Companies of merchants of Venice, Genoa,
Florence, lAicca, and I.ombardy, were also set-
tled in England, chiefly in London, protected
by royal charters, and managed the ti'ade of
the states and cities to which they belonged f.
In a word, a great part of the foreign trade of
England was still in the hands of these compa-
nies of merchant-strangers.
The mercliants of tlie staple, as they were call- ^J^J^^J'*"^
ed, were formed into a corporation, or trading staple.
company, about the beghming of the preceding
period. The constitution and design of that once
rich and flom*ishing company hath been already
described:]:. It still subsisted, and, though it had
met with some discouragement, was not incon-
siderable. Tliis company paid no less for the cus-
toms of the staple commodities of wool, wool-
fells, woollen cloth, leather, tin, and lead, it ex-
ported, A. D. 1458, than 68,0001., containing as
much silver as 136,0001. of our money; which is
a sufficient proof that its dealings were then ex-
tensive f. They were strictly bound by their char-
• Anderson's History of Commerce, vol. 1. p. 291- 418.
f Id. ibid. p. 'J3I. '2r5.5, SMfi. 2'10. 243. 301.
I See to). 8. book 4. cli. C. § Aiidcrsoii, v. 1. p. 27C.
mas.
240 HISTORY OF BRITAIN. Book V.
ter, and by law, to cany all the goods they ex-
ported to the staple at Calais ; and to land them
at any other port was made felony by act of par-
liament, A. D. 1439*. The corporation or com
pariy of the staple was originally composed of
foreigners ; but by degrees some English mer-
chants were admitted into it, as being fittest for
managing their affairs in England, to which
branch of the business the English were confined.
JoTd'^of' ^^^ most ancient company of English mer-
st Tho- chants, of which there is any trace in history,
was established about the end of the thirteenth
century, and was called — The brotherhood of St
Thomas Secket — in honour of that celebrated
English saint. The design of that company was
to export the woollen cloth, which about that
time began to be manufactured in considerable
quantities in England; and as that manufacture
increased, the trade of the brotherhood also in-
creased. Henry IV., A. D. 1406, incorporated
this society by a charter, regulating their go-
vernment and their privileges. By this charter,
any merchant of England or Ireland who desir-
ed it, was to be admitted into the company, on
paying a small fine. As this society was com-
posed of the native subjects of the kings of Eng-
land, it was favoured both by government and
by the people, made gradual encroachments on
the trade of the merchants of the staple, and at
length ruined that company f.
* Statutes, 18th Hen. VI. c. 15.
f Anderson, vol. 1. p. 233. 260, &c.
V<^b%p.-:6- COMMERCE, &c. 24,1
The English merchants, observing tlie advan- English
tJiges that foreigners derived from having part- abroad!^
j^ers and coiTespondents of their own countries
rsettled in England, imitated their example, and
cstabUshed factories in several places on the con-
tinent. Henry IV. granted a charter, A. D.
1404, to the English merchants residing in Ger-
many, Prussia, Sweden, Denmark, and Norway,
empowering them to hold general assemblies, to
make laws, to choose governors, with authority to
determine disputes among themselves, and with
foreigners, and to preserve the privileges granted
to them by the sovereigns of these countries*.
The same king granted a similar charter, A. D.
1406, to the English merchants in Holland,
Zealand, Brabant, and Flanders f. The first of
these charters being too extensive, Henry granted
a separate one, A. D. 1408, to the English settled
in the dominions of the King of Denmark, who
was also King cf Sweden and Norway:]:. These
charters were confirmed by Henry VI. A. D.
1428^. The office and powers of these gover-
nors seem to have been nearly the same with those
of our modern consuls ; and towards the end of
this period, they were called by that name, and
appointed by the King, llichardlll. A.D. 1585,
appointed Laurentio Strozzi, a merchant of
Florence, to be consul, and president of all the
English merchants at Pisa, and parts adjacent;
* nakluyt, vol. 1. p. 184. R>in. Food. torn. 8. p. 360.
+ Id. ii)i(l. p. 464. \ Id. il)id. p. 511.
§ Id. toin. 10. p. 4CX).
VOL. X. 11
242 HISTORY OF BRITAIN. Book V.
" allowing him for his trouble the fourth part of
" one per cent, on all goods of Englishmen, either
" imported to, or exported thence*." In that
commission llichard says, he had appointed tliat
officer in imitation of otlier nations; which makes
it probable, that it was the first commission of
the kind granted by a king of England.
Treaties. It would be tcdious to enumerate all the com-
mercial treaties that were made by the kings of
England, with almost all the princes and states of
Europe, in this period. These treaties were very
necessary, to restrain the piratical spirit that
reigned in the mariners of aU nations in those
times : but they were very iU observed ; and
few seamen of any covmtry could resist the temp-
tation of seizing a weaker vessel, when she fell in
their way, though belonging to a friendly power.
This occasioned continual complaints of the
breach of treaties, and the frequent renewal of
these treaties. No fewer than four commercial
treaties, for example, were concluded between
England and the Hanse-towns, in the space of
three years, from A. D. 1472, to 1474, and all
to little purpose f ; and we have copies of eigh-
teen such agreements between England and Flan-
ders, in this period ; which is a sufficient evi-
dence that none of them was well observed :j:. The
intent of those treaties was, to prevent mutual
depredations at sea, and to secure a friendly re-
ception to the merchants of the contracting par-
ties in each other's ports ; and no doubt they
» Rym. r»d. torn. 12. p. 261. f Id. torn. 9. p. 739. 780. 792,
I Id. torn. 8 — lij.
Chap. 6. COMMERCE, Sec. 24^
contributed something to these purposes, though
not so much as was intended.
The English, in this period, were fully con- Custody of
vinced of tlie importance and necessity of being
masters at sea, and particularly on their own
coasts, and in the narrow seas between this island
and the continent. This was most earnestly in-
culcated upon them, by a rhiming pamphlet,
written about A. D. 1433. The now unknown
author of that pamphlet asserted, in the strongest
terms, that if the English kept the seas, especially
the narrow seas, they would compel all the world
to be at peace with them, and to court their
friendship*. The ancient duty of tonnage and
poundage was granted to our kings by parlia-
ment, to enable them to guard the seas and pro-
tect the merchants! . This duty (raised to 3s.
on every ton of wme, and 5 per cent on all other
goods imported), together with the fourth pai't
of the subsidy on wool and leather, was gi'anted
by Henry IV., A.D. 1406, with consent of parlia-
ment, to the merchants, to guard the seas ; but
payment was soon stopped, on complaints being
made to tlie King that the seas were not pro-
perly guarded:]:. Henry IV. maintained the do-
minion of the narrow seas with great spirit, and
took ample revenge on the French, Flemings, and
Eritons, who had insulted the English coasts, and
interrupted the English commerce, when the King
was engaged against the Earl of Northumberland
• See this very curioiis pamphlet in Hakluyt, vol. 1. p. 167-— 208i
f Stntutes, r,th Rich. 11. ch. ;?.
\ Ryiti Fctd. torn. S. p. 437.
at sea
244 HISTORY OF BRITAIN. Book V.
and ills confederates. William do AVilford, admi-
nd of the narrow seas, sailed to the coast of Brit-
tany, where he took forty of their ships, and
burnt an equal number*. The earl of Kent did
still greater mischief on the coast of Flanders ;
and the ftnnous Henry I'ay, admiral of the
cinque-ports, took a whole fleet of French mer-
cliantmen, consisting of 120 sailf .
Victories Xlic licroic Hcmy V. was almost as victorious
at sea as at land ; and in his reign the fleets of
England rode triumphant on the narrow seas.
His brother John Duke of Bedford obtained
one naval ^dctory, A. D. 1416, and the Earl of
Huntin,t?ton another, A. D. 1417, over the
imited fleets of France and Genoa, taking or
destroying almost all their ships ; which eftec-
tuall)^ secured the dominion of the sea to the
English for several years +. Henry V. seems to
have been the fii'st king of England ^^^ho had
any ships that were his own property. At his
first invasion of France, he had two large and
beautiful ships with purple sails, the one called
the King's Chamber, the other his Hall. The
author of the pamphlet above mentioned saith
of tliis prince,
At Hampton he made the great dromons,
Which passed other great ships of all the commons;
The Trinity, the Grace de Dieu, the Holy Ghost,
And other moe, which now be lost§.
* AValsing. Ypodigma Neustri.-c, p„ 561.
f Otterbourne, p. 25S. Walsing. p. 376.
I Elmham, cap. 30. 36.
\ Prologue of English Policie, apud Hakluyt, vol. 1, p. 203.
Chap. 6. COMMERCE, &c. 245
In the long unhappy reign of Henry VI., es- Henry vi.
pecially after the death of his uncle the Duke
of Bedford, A. D. 1435, the aifau-s of the Eng-
lish declined with great rapidity, botli h\' sea
and land. The French, having expelled them
from all theu- conquests on the continent, ex-
cept Calais, insulted them on their own coasts,
took, plundered, and burnt the town of Sand-
wich*. But the great Earl of AVarwick, being
appointed admiral, equipped several squadrons,
with which he scoured the channel, took many
valuable ships, and in some degree recovered
the dominion of the seaf .
Edward IV. paid gTcat attention to mercantile Edua^d
and maritime affliirs, and on two occasions col-
lected very great fleets : first, when he actually
invaded France, A. D. 1475 ; and, secondly,
when he prepared for another invasion of it, but
was prevented by death. This prince had seve-
ral ships that were his own property, with whicli
he at some times protected the ti'ade of his sub-
jects, and at other times he employed them in
trade as a merchant, which contributed not a
little to his great wealthy.
The reign of Kichard III. was so short and tur- Richard
bulent, that he had little opportunity of shcw-
iuix his attention to the dominion of the sea. It
is, however, certain, that if he had guarded the
narrow seas with greater care, he might have
prevented the landing of his rival the Earl of
* Fabian, p, 404. f Stow, p. <ini.
I Rym. Feed. torn. 12, p. 1S9. Hist. Cioyl. p. 550.
246 HISTORY OF BRITAIN. Book V.
Eichmond, and preserved both his life and
crown.
Circle of Thoughthe English, in thisperiod, were much
larg^d!" engaged in war, and consequently could not cany
on trade with the same ease and safety as in more
peaceful times, the circle of their commerce was
not contracted, but rather a little enlarged. The
countries with which they had commercial inter-
course in the fourteenth century, have been al-
ready enumerated ; and there is the fullest evi-
dence that their intercourse with all these coun-
tries still continued ; and that English merchants
now beg-an to visit some seas and coasts which
they had not formerly frequented*. A company
of London merchants, A. D. 14 13, ^loaded several
ships with wool and other merchandise, to the
value of 34,0001. (a gTcat sum in those times), for
the western parts of JMorocco, which was pro-
bably the first adventure of the English to those
parts. The Genoese seized these ships as inter-
lopers ; and Henry IV. granted their owners let-
ters of marque, to seize the ships and goods of the
Genoese wherever they could find them f. There
was a great trade between Venice, Genoa, Flo-
rence, and other cities of Italy, and England,
long before this time ; but that trade seems to
have been whoUy carried on in foreign bottoms,
and by foreign merchants. This appears from the
commercial treaties between the English govern-
ment and these Italian states and cities, in which
• See vol 8. book-!, tli. 6 t ^y^- ^^^- *""i- ^= P' '^"^^
Chap. 5. COMMERCE, &c. g^y
they stipulate for the safety and friendly recep-
tion of their ships and merchants in the ports of
England, without any stipulation in favour of
English ships or merchants in their ports; which
could not liave beeen neglected, if they had fre-
quented those ports*. The merchants of Eng-
land, in the course of this period, attempted to
obtain a share in this trade ; but they met with
great opposition in the execution of this design,
not only from the Italians, but even from their
own sovereigns, who favoured those foreigners,
because they accommodated them with gTeat
loans of money in their straits, and paid higher
customs than their own subjects. It was not tiU
the reioTi of Richard III. that the English mer-
chants obtained any solid footing in Italy; as is
evident from the preamble of that prince's com-
mission to Laurentio Strozzi to be their consul at
Pisa : " Whereas certain merchants and others
" from England intend to frequent foreign parts,
" and chiefly Italy, with their ships and merchan-
" dise, and we being willing to consult their
" peace and advantage as much as possible, and
" observing from the practice of other nations,
" the necessity of their having a peculiar magis-
" trate among them for the determining of all
" disputes, &;c. I" Two English merchants, A. D.
1481, encouraged by Edward IV., and by the
Spanish Duke of JNIedina Sidonia, prepared a
fleet for a trading voyage to some of those coun-
tries on the coast of Africa, that had been lately
* See Rym. Feed. torn. 8, 9. t ^^- *°™- 12. p. 281.
g!48 HISTORY OF BIIITAIN. Rook V.
discovered by the Portuguese, particularly to
Guinea. IJiit that enterprise was 'prevented by
the interposition of John II. King of Portugal,
at the court of England*. So slow was the pro-
gress of commerce at this time, in comparison
of the rapid, astonishing advances it made in the
next period,
amfhn^ A prctty full enumeration of the exports and
ports. imports of England hath been given in a former
period, to which very much cannot now be add-
edf . Several changes, however, had taken place
in these particulars; and some additions had been
made both to the exports and imports, a few of
which may be mentioned. Slaves were no long-
er exported from England : but pilgrims were
now become a considerable article of exporta-
tion ; and several ships were every year loaded
from different ports with cargoes of these delud-
ed wanderers, who carried out with them much
money for defraying the expences of their jour-
ney, and making presents to the saints they vi-
sited : for all these saints, they were told, were
much pleased with money. We meet with many
licences granted by our kings to masters of ships,
permitting them to carry a certain number of
pilgrims, from such a port to the shrine of such
a saint, named in the permit. Henry VI., for
example, granted permits, A. D. 1434, for the
exportation of 2433 pilgrims to the shrine of St
James of Campostella. Fortunately there was
a still greater importation of pilgrims from the
' ^Anderson, vol 1. p. 296. -f- Sec vol. 6. p. 267 — ^2|8,
Chap. 6. COMMERCE, &c. 04,9
continent, to visit the shrine of St Thomas of
Canterbury ; which brought the balance of this
traffic in favour of England.
As great improvements had been made in the WooUens.
woollen manufactory, great varieties, and much
greater quantities of woollen clotlis, were ex-
ported tlian in any former period. These formed
one of the most valuable articles of exportation
to every country with which England had any
trade. But still the English were so far from
working up all theu' wool, that great quantities
of that precious commodity, so much valued in
Italy and Flanders, were yet exported * ; and
the subsidy on wool exported was one of the
most certain and valuable branches of the royal
revenue.
Corn seems now to have been a more important Com.
article of export than it had been in some former
periods ; and several laws were made for regulat-
ing its exportation and importation. A law was
made A. D. 1425, granting a general and per-
manent permission to export corn, except to
enemies, witliout particular licences; but giving
the King and council a discretionary power to
restrain that liberty, when they thought it neces-
sary for the good of the kingdom f. The coun-
try gentlemen in the house of commons, A. D.
1463, complained, that the easterlings or mer-
chants of the steel-yard, by importing too great
quantities of corn, had reduced the price of that
* Rym. F«.I. torn. 9. p ^51 2. Anderson, vol. ]. p. -SO.
I Statutsr., tth Hen, VI. c. 5.
250 HISTORY OF BRITAIN. Book V.
commodity so much, tluit the English farmers
were in dan>:.i:er of being ruined. To prevent
this it was euiicted, " Tluit when tlje quarter of
" wlieat did not exceed tlie ])rice of 6s. 8d., rye
" 4s., and barley 3s., no person should import
" any of these three kinds of grain, upon forfeit-
" ure thereof*."
Imports. The curious pamphlet called the FroIo.i!;ue of
EngU,sh Policy, already quoted, gives a distinct
account of the commodities imported into Eng-
land by the merchants of different countries, or
carried by them to the great emporium of Bru-
ges in Flanders, and from thence imported by
Engiisli merchants : and as it was written near the
middle of this period, by one who was well ac-
quainted with the subject, it is worthy of credit.
According to that author, the conmiodities of
Spain were figs, raisins, wines, oils, soap, dates,
licjuoricc, wax, iron, wool, wadmote, goatfell, red-
fell, saffron, and quicksilver f. — Those of Portu-
gal were nearly the same:]:. — Those of Brittany
were wine, salt, crest-cloth or linen and canvas |.
— Those of Germany, Prussia, &c. or the mer-
chants of the steel-yard, were besides corn, iron,
steel, copper, osmond, bowstaves, boards, wax,
pitch, tar, flax, hemp, peltry, tliread, fustian,
buckram, canvas, and wool-cards ||. — Those of
Genoa were gold, cloth of gold, silk, cotton, oil,
black pepper, rock-alum, and woad<^|. — Those of
• Statutes, 3d Edw. IV. c. 2.
f Prologue of English PoHcv, c. 1 . \ Id. c. 1.
§ Id c. 3. II Id.'c. S. 1 Id. c. 6.
Chap. 6. COMMERCE, &c. 521
Venice, Florence, and other Italian states, were all
kinds of spices and grocery wares, sweet wines,
sugar, drugs, with (as that author adds).
Apes, and japes, and marmusits tayled,
And nifiis artd triflis that have little avayledf .
As several manufactures were introduced into Prohibited
goods.
England in the course of tliis period, laws were
made, towards the end of it, against importing any
of the articles furnished by these manufactures.
Upon a petition to the house of commons, A. D.
1483, from the manufacturers of London and
other towns, representing the great damage they
sustained by the importation of the articles which
they manufactured, an act was made against the
importation of " girdles, barneys wrought for
" gu'dles, points, leather-laces, purses, pouches,
" pins, gloves, knives, hangers, taylors shears,
" scissars, and irons, cup-boards, tongs, fireforks, ^
*' gridirons, stock-locks, keys, hinges, and gar-
" nets, spurs, painted glasses, painted papers,
" painted forcers, painted images, painted cloths,
" beaten gold and beaten silver wTought in pa-
" pers for painters, saddles, saddle-trees, horse-
" barneys, boots, bits, stirrups, buckler-chains,
" latten nails Avith iron shanks, turners, hanging-
« candlesticks, holy-water-stops, chaffing dishes,
" hanging-leavers, curtain -rings, wool-cards,
" roan-cards, buckles for shoes, shears, broaches
" for s])its, bells, hawks-bells, tin, and leaden
^' spoons, wire of latten and iron, iron-candle-
• Prologue ol' English Folifv, c. 7.
tow ns,
2j<2 history or Britain. Rihik v.
** sticks, ivrntes, and horns for laiithoriis, ttr any
*• otlier tliinos made by the petitioners, on pain
" of forfeiture*."
Staple Foreign trade was not carried on exactly in tl\e
same manner in those times as it is at present.
IMerchants did not ordinarily carry their o-oods to
the ports where they were to be iinally disposed
of and used, but to certain emporia called staple
towns, where they met with customers from the
countries where their goods were wanted, and
M'ith the commodities they wished to purchase
for importation. This seems to haye been owing
to the imperfect state of nayigation, Avhich made
long yoyages tetlious, and to the aboundhig of
pirates, which made them dangerous. jNIer-
chants, therefore, of distant countries diyided the
fatigue and danger, and met each otlier half-wa}'.
This was attended with another adyantaoe. that
they were siu*e of finding a more com])lete as-
sortment of goods for their purpose at those sta-
ple towns, than they could luiye found at any
other place. Bruges in Flanders was the great
emporium of Europe in this period, to Avhich
merchants of the south and north conyeyed their
goods for sale ; and so great was their resort to
it from the Mediterranean and the Baltic, that
130 ships were seen, A. D. 1486, to oi-riye at its
harbour of Sluyce in one dayf.
The great fairs in Brabant were also frc-quent-
ed by mcrclumts from England, Spain, France,
» Statutes, L'd Richard III. c. l'_\
f Anderson, vol. 1. p. -b'i. '^SL
(hap. 0. COMMERCE, &c, 053
Italy, Germany, Scotland, and Ireland ; and a
great variety of goods were brought to them
from all the neiglibouring countries. But the
English, it is said, bought and sold more at these
fairs than all the other nations :
— Her marts ben feble sliame, to say,
But Englishmen thider dress their way. *
Fishing, as a source of wealth and commerce, Fisheries.
was not neglected by the English in this period ;
particularly for cod and stock-fish on the coasts '
of Iceland, and for herrings on their own coasts.
The merchants of Bristol and some other towns
sent several vessels annually to Iceland, in opposi-
tion to the frequent complaints of the kings of
13enmark, and prohibitions of their own sove-
reigns), to procure stock-fish, which were then
nmch used in victualling ships for longvoyagesf.
Of Iceland to write is little nede
Save of stock-fish; yet forsooth indeed,
Out of Bristow and costes, many one
Men have practised by needle and hy stone,
Thiderwardes within a little while.^
The herring-fishery on the coast of Norfolk was
an object of great importance in the fourteenth
century, and rendered the towns on that coast
rich and flourisliing ; and the heiTing fair at Yar-
mouth was of so much consequence, that it was
* Prologue of English Policy, apud Hakluyt, p. 107.
t hi. p. '2(n. Anderson, vol'. I. p. 272. 2S6. £i>6.
I Hakluyt, p. '2(jI.
Rich mer-
chants.
254 HISTORY OF BRITAI.'^. Book V.
regulated by several statutes*. The consumption
of liemngs still continuing to be immensely great
in all the nations of Europe, the English herring-
fishery was still carried on with vigour and success.
Some very wealthy merchants flourished in this
period in Italy, France, and England. The fa-
mily of IMedici at Florence was the most opulent
and illustrious mercantile family that ever exist-
ed in Europe. When Cosmo de IMedici was
only a private merchant and citizen of Florence,
he expended four millions of gold florins in
building churches and palaces in that city and
its environs, and one million in charitable foun-
dations for the support of the poorf. Jaque
Le Cceur was the greatest merchant that ever
France produced, and had alone more trade and
more riches than all the other merchants of that
kingdom ; and by his trade and riches contribut-
ed greatly to save his country. It was this ex-
traordinary man who furnished Charles VII.
wdth money to pay and support those armies
with which he recovered his provinces from the
English t- John Norbury, John Hende, Richard
Whittington, and several other merchants in
London, appear to have been rich, from tlie great
sums they occasionally lent their sovereign, and
the great works they erected for the use and
ornament of the city J. But William Canning,
who was five times mayor of Bristol, and a great
• Statutes, Edw. III. an. SI. 35. f Anderson, an. 14Sa
^ Id. an. 1449. Ville and Villaret, torn. 15.
§ Ryni. Ffced. t. 1. p. 43S,
Chap. 6. COMMERCE, &c. ore
benefactor to that city, seems to have been the
greatest EngHsli merchant of this period. Ed-
ward IV. took from hin^ at once (for some misde-
meanom- in trade) 2470 tons of shipping; amongst
which there was one ship of 900 tons, one of
500, and one of 400, the rest being smaller*
We are not informed what IMr Canning's misde-
meanour was ; but it is most probable that there
was nothing dishonourable in it, as the above
anecdote is inscribed upon his tomb.
From this brief account of the trade of Encr- '^'"'"'^^ p™-
o fitable
land in this period, it plainly appears that it was
not inconsiderable ; and it is probable it was not
unprofitable, but the contrary. We have no
means, however, of discovering with certainty
to which side the balance inclined, or the exact
value of that balance ; but we have reason to
think, in general, that it was in favour of Eng-
land, and that it was very valuable. It appears
from an authentic record, that about the middle
of the fourteenth century, the balance of trade
in one year (1354) in favour of England, was no
less than 294,184L of the money of those times;
and we know witli certainty, that some articles
of export, particularly the great article of woollen
cloth, had veiy much encreased in the present
periodf. The incessant exhausting drain of
money from England to the court of Rome still
continued. Henry V., after squeezing every
shilling he could from his subjects, anticipated
his revenues, pawned his crown and jewels, and
• Anderson, vol. ], p. 271. f See vol. T. boyk. 4. ch. G/
256 HTSTOilY OF BRITAIN. Book V.
carried an immense mass of treasure out of Eng-
land in his attempts to conquer France. Hen-
ry VI. expended as much in losing as his father
had done in gaining these foreign conquests ;
and I know of no other means by which these
treasures could be replaced, but by the profits of
manufactures and of commerce. In a word, it
seems to be highly probable,- that while the kings
of England, in this period, were dissipating the
riches of their dominions, by their defeats and
victories, manufacturers and merchants were re-
storing them, by the silent operations of art and
trade.
Trade of j^ ^j^g beffinuins; of this period, during the
Scotland. » -r rM 1 1 • 1
captivity of James I., Scotland was m such an
unsettled, distracted state, that its commerce
could not flourish. There is, however, suffi-
cient evidence, that, even in those unhappy times,
it was not destitute of trade and shipping, of
wdiich it sustained a very gTcat loss A. D. I*il0.
Sir Robert Umfreville, an English admiral,
wdth a fleet of ten stout ships, sailed up the
frith of Forth, as far as Blackness, where he
took fourteen vessels, burnt several others, and
amongst them a large one, called the Grand
GuUiot of Scoiknid-K In this expedition. Sir
llobert, it is said, brought home so great a quan-
tity of corn, that the price of it was reduced in
the markets of England, which procured him
the name of Robert Mend-marhet\. John
Duke of Brabant granted, by his letters-patent,
various privileges, A. D. 1407, to the mer-
• Hall, f«l 26. Stow, p. r>38. + U- il'id.
Chap. G. COMMERCE, &c. 357
chants of Scotland, who came into his dominions
on account of trade*.
When King; James I. returned from his lonjr Jamea i.
captivity into his native kingdom, A. D. 1424,
he apphed with great ardour to promote the
prosperity of his subjects, and particularly their
commerce, as is evident from his laws. He
procured several acts of parliament for an unifor-
mity of weights and measures, of all kinds, in
all parts of the kingdom, with very particular
directions for making and keeping of the stand-
ards, and fixing what goods were to be sold by
weight, and what by measure ; which (if they
were executed) must have greatly facihtated
both foreign and internal trade f. This wise
prince earnestly desired to restore the coin of
Scotland to the same weight and fineness with
that of England, and obtained an act of parlia-
ment to that pui-pose:}:. But he never was able
to carry that act into execution ; though he en-
deavoured, by various methods, to procure bul-
lion for that end. AVith this view, he prevailed
upon the same parliament to grant him all the
silver in aU the mines in which a pound of lead
yielded three halfpence of silver}. By another
law, all merchants were obliged to bring home a
certain quantity of bullion, in proportion to the
value of the goods tliey exported jj. A duty of
10 per cent, was laid by several acts, on gold and
• Maitland's Hist. Edinburgh, p. 384.
■f Black Acts .lames I., oh. 63, 64, 6.';. 79, SO.
t Id. ch. S.-J. § Id. ch. 14. II Id. ch. 1©0.-
Vol.. X. S
258 HISTORY OF BRITAIN. Book V.
silver coins exported ; and at last, in imitation
of P^ngland, the exportation of these precious
metals, coined or uncoined, was prohibited*, I
will not affirm, that these laws were or coidd be
eftectual ; but they plainly discover that it was
the intention of this prince to promote trade, and
to make it lucrative to his kingdom, by increas-
ing its stock of gold and silver. Several other
' laws of this excellent king, that were made with
the same intention, might be mentioned ; such
as, — those for ascertaining the rate of customs on
all exports and imports, — for securing the effects
of traders who died abroad, — for permitting his
merchants to freight foreign ships, when they
could not procure any of their own country, —
for regulating fairs and markets, and delivering
those who frequented them from various vexa-
tions, &c. &c.f
James II. Jamcs II. was not wholly inattentive to trade.
He renewed the laws tliat had been made by his
father for the uniformity of weights and mea-
sures, and for regulating fairs and markets:]:.
But as most of the mercantile regulations of this
prince relate to the coin, they will be considered
in another place.
James III. Many commercial laws were made in the reign
of James III. ; but some of them discover no great
wisdom or knowledge of the subject, in the la\^-
makers. Tliey renewed all the former acts for the
* Black Acts, .Tames I., cb. 55. ICG.
■f See Arts of James II., 2'"-'si»t.
i Act's Jamts 1 1, cli. CG. S2.
Chap. 6. COMMERCE. &c. 059
i mportation of bullion, and against tlie exportation
of coin, again and again with severer and severer
penalties, and were mncli surprised to find that
money was still scarce. This they imputed to the
negligence of the officers who were appointed to
put those acts in execution ; never reflecting that
if the value of the goods exported was less than
of the goods imported, ten thousand laws, and the
greatest vigilance in their execution, could not
prevent the exportation of money ta pay the
balance*. It is difficult to discover with what
view several laws were made forrestraining crafts-
men, or such as were not burgesses, or had not a
certain quantity of goods, from engaging in
foreign trade ; but these restraints were certainly
imprudent, and were ]}robably procured by the
influence of the richer merchants f. An embargo
was laid by law on all the shipping of Scotland,
from St Simon's and St Jude's day (October 28)
to Candlemas, as sailing was thought to be pecu-
liarly dangerous at that season:):. The staple for
the merchants of Scotland was removed by an
act of parliament, A. D. 1466, from Bruges in
Flanders, first to INIiddleburg, and soon after to
Campvere in Zealand, where it still remains^.
It a])pears from another act of the same parlia-
ment, that it was not uncommon for the prelates,
lords, and barons of Scotland to export tlic
produce of their own lands, and import such
• Acts .Tdmcs lit., rh. 10, 11. 27. 63. 80.
t Id. ch. l.*;, Ifi. \ Id. ch. itl<
5 Id. ch. 19, 20.
260 HISTQ-RY OF BllITAIM. Book V,
goods as they thought proper for the use of tlieir
families*.
It would be difficult, and is unnecessary, to
Exports give a complete enumeration of all the exports
and iiu- ■. . n c^ -I -I • 1 •
ports, and UTiports ot Scotland m this period, as they
were both very numerous, but many of them not
very valuable. The chief articles exported were,
wool, wool-fells, woollen cloth, leather, salted
hides, skins of metricks, harts, hinds, does, roes,
tods, fowmats, cunnies, and otters, barrelled and
red herrings, salmon, black cattle, horses, and
sheep. That all these articles were exported,
we have the evidence of acts of parliament ascer-
tiiining the customs to be paid on their expor-
tation f. Tallow was also exported, except at
particular times, when its exportation was prohi-
bited f. Tlie articles imported were still more
numerous, and consisted of silks and fine cloths ;
but these in no great quantities, as the use of
tliem was confined by law to a few persons of
high rank ; wines, groceries, hardware, armour,
and arms ; furniture and implements of husban-
dry J. But so low was the state of agriculture,
as well as of the other arts, in Scotland, in those
unhappy times, that corn was one of the greatest
articles of importation. This appears from se-
veral acts of parliament, and particularly from^
* Acts James III., ch. M.
t Black Acts Jamus I., cli. 23,24. 44. 86, &e.
\ hi. cli. 35.
§ Id. ch. 52. Prologue of Engliih Tolicy, ch. 4,
Chap. 6. COMMERCE, Sec. 261
the following preamble to one, A. D. 1477. —
" Because victuals (corns) ar rycht schant within
" the countrie, the maist supportation that this
" realme lies, is be strangers of divers uther na-
" tions that brings victual*."
The Scots, in this period, seem to have been Fisii«"es.
sensible of the importance of the fisheries an
their coasts and in their rivers, and desirous of
availing themselves of that advantage, both for
home consumpt and for exportation. By an act
of parliament, A. D. 1471, it is statute and or-
dained, " That the lords spiritual and tempc«-al,
" and burowes, gar mak greit schippiis, buschcs,
" and uther greit pinkboiltis, with nettis and
" abelzements for fisching, for the commun
" gude of the realme, and the great entres of
" ryches, to be brought within the realme, of
" uther countries f." They discovered their
anxiety for preserving the fry of red fish, and for
preventing the killing salmon at improper sea-
sons, by many laws ; and the value they set on
that fish, by ordaining, that none of them should
be sold to Englishmen, but for inunediate pay-
ment in gold or silver ; or to Frenchmen, but for
gold, silver, or claret wine|.
It is impossible to discover whether the balance pg!,„ce
jof trade was in favour of Scotland or not, in tliis <>' ^'"^*'-
period. It is probable the balance on eitlier side
was not very great, as that country dotli not
• Act5 .lames IJI., cli. 81. f !<'• <'i- "P-
f AcU .Taruc* 1., cli. 12. 115. 163. Jame« II., cli. R. P6. Jarne* III.,
fh, -15. S2. ■ ■
S>G3 HISTORY OF BRITAIN. Book V.
jtppcar to liave ])cen either reiiuirkubly enriched
or impoverivshed. But even such a commerce is
not unprofitable, as it i)rocures many accommo-
dations, conveniencies, and comforts, which
coidd not otherAvise be obtained.
Bioney. As moucy or coins have long been the great
medium of commerce, and the common measure
of the value of all other commodities ; and as the
acquisition of them hath been the great object of
particular merchants, and of trading nations, they
are well entitled to a place in the commercial his-
tory of every period. AVithout a competent know-
ledge of coins in every age, of their weight and
fineness, and of their comparative value, with re-
spect to other commodities, and to the coins of our
own times, we can formno justconceptionsof the
price of labour, the rate of living, the prosperity
and wealth of nations, and many other important
facts in history. We are apt, for example, to be
surprised to hear, that the wages of common la-
bourers in the fifteenth century, were only three-
halfpence a-day, and to imagine that these poor
labourers must have lived in a very wretched
manner ; but when we are told, that those three
halfpence contained as much silver as three-pence,
and would purchase as many of the necessaries of
life as fifteen pence of our money will do at pre-
sent, our surprise and pity are at an end.
Weight of It hath been already observed, that anciently
^'^'"*' the English nominal pound in coin contained a
real Tower poimd of silver, weighing 5100
grains Troy ; that of this pound of silver were
Chap. 6, COMMERCE, kc. oQ^
coined 240 pennies (the largest coins then in
use,) weighing each 22^ Troy grains ; and
that the money of England continued on the
same footing from the Conquest till near the
middle of the fourteenth centurj^ when Ed^
ward III. made an alteration*. That prince,
A. D. 1346, coined 270 pennies, weighing each
only 20 Troy grains, instead of 22^, out of a
Tower pound of silver : by which the value of
the nominal pound was reduced from 60 of our
shillings, to 51s. 8d. That same prince made
another change in his money, A. D. 1351, by
coining groats that weighed only 72 grains, in-
stead of 90 (the original weight of four pennies,)
by which the nominal pound was brought down
to 46s. 6d. of our present money ; at which it
continued till after the beginning of the period
we are now delineating f.
By an act of parliament, 13th Henry IV., Continued.
A. D. 1412, it was directed, " That by reason
" of the great scarcity of money in the realm
" of England, the pound Tower should, from
" the feast of Easter following, be coined into
" thirty shillings by tale|." A strange ima-
gination, that diminishing the value of the
nominal pound would make money more plen-
tiful ! and yet it was on this groundless fancy
that aU the above and subsequent changes
were made. 13y this last regulation, the value
* See vol 6. p. 294, 295. t Sco vol. S. th. S.
t Statutes, 13th Ilcn. IV.
264
HISTORY OF BRITAIN.
Book V.
Edward
IV.
Jnconve-
Goi(}
or quantity of silver in tlie nominal pound was
reduced to 38s. 9d. of our money ; and on that
footing, the coin of England continued more
than half a century, during the reigns of Henry
V. and Henry VI*.
Edward IV., A. D. 1464., by coining 37s. 6d.
by tale out of the Tower pound of silver, brought
down his groats (the largest coin then in use)
to 48 Troy grains, and the intrinsic value of the
nominal pound to 31s. of our money ; and thus
it remained till long after the conclusion of the
present period.
These successive changes in the value or quan-
tity of silver, in the nominal pound of coin,
which could add nothing to the real riches of the
kingdom, were productive of many inconveni-
encies. Every change deceived the people for
sometime to their loss ; and occasioned great con-
fusion in the payment of debts, rents, annuities,
and in all mercantile and money transactions.
The only gold coins that were struck in Eng-
land in the greatest part of this period, in the
reigns of Henry IV., Henry V., and Henry VI.,
were nobles, with their halves and quarters. The
first nobles of Henry IV. weighed 120 grains,
and their value was 21s. Ijd., the same weight
and value with those of his predecessor Ri-
chard II. But, in the last year of his reign,
the noble was reduced to 108 grains, value
19s. ; and on that footing it continued during
• Martin Folkw on the Siher Coins of Ens'and, p 15, 14.
Chap. 6. COMMERCE, &c. 0^5
the two succeeding reigns*. The gold noble
was of 23 carats 3^ grains fine, and ^ grain in
alloy, and was much admired, both at home
and abroad, for its purity and beauty.
Edward IV., A. D. 1466, struck gold coins, Continued.
called angels^ from the figure of an angel on the
reverse ; and their halves, called angelets. The
angel weighed 80 grains, passed for 6s. 8d. of
the silver money of those times, and was worth
14s. Id. of our present money f.
In the preceding period, it hath been observed Coins of
that the coins of Scotland were originally the
same with those of England, and so continued till
about the middle of the fourteenth century, when
they fell a little below the English coins, both in
weiglit and purity f. This difference between
the coins of the two British kingdoms gi-adually
increased ; and at the beginning of our present
period, those of Scotland were only about half
the value of those of England of the same deno-
mination. But this difference was then only in
weio-ht, because the Scottish coins had been re-
stored to their former fineness §.
James I. on his return to Scotland, A.D. 1424, James i.
being convinced that this difference between the
coins of the two kingdoms was a great interrup-
tion to trade, procured an act of parliament, im-
powering him "to mend his money, and gar
" stryke in it hke wicht and fynes to the money
» Martin Folkes on the Gold Coins of England, p. 4.
f Fo'koi on Gold Coins. i See vol. 8. ch, 6.
5 Kuddimanni Praefat. ad Andersoni Diplom. Scot.
niency.
oQQ HISTORY OF BRITAIN. Book V.
'' of Indand*." Eut the disorders and distresses
of his kingdom prevented the execution of that
wise law ; and the coins of Scotland oradually
sunk more and more below the value of those of
England of the same denomination. JMaterials
are not wanting to trace the gradual decrease of
the Scottish coins, step by step ; but such a mi-
nute detail would be tedious and uninteresting.
It will be sufficient to remark, that at the end
this period, they were little more than one-fourth
of the weight and value of the coins that were
called by the same names in Englandf .
inconve- Tliough our kiugs and great barons were the
chief promoters of the diminution of the weight
and value of the coin, they were by far the great-
est sufferers by that imprudent measure. For
by that means all the fixed annual payments that
were due to them from their subjects and vas-
sals, were much diminished in their real value,
though they continued the same in name. They
received the same number of pounds that had
been originally stipulated; but these pounds
did not contain the same quantity of silver, and
would not purchase the same quantity of goods
with those in the original stipulation. The Khig
and nobility discovered the error they had com-
mitted and the loss they had sustained, and en-
deavoured to apply a remedy ; but it w^as not
the natural and only effectual one, of restoring
* Black Acts James I., act 25.
t Id. James 11. act 72 j James III., act. 22. 26. 58. 63. S3. 89. 108.
114.
Chap. 6. COMMERCE, &c. oQj
the coin to its original weight and purity. An
act of parliament was made, A. D. 1467, to the
following puii^ose : *' Because our soverane lord,
" and his three estatis, considderis and under-
*' standis, that his hienes, and the hail realme in
'* ilk estate, is greitly hurt and skaithet in the
" changeing and heying the course of the money,
" baith in debts paying, and contracts, bygane
" annuallis, wedsettis, and lands set for lang
" tennis, customis, and procuraseis of prelatis,
" and all other dettes ; it is pro^ydit, by our
" soverane lord and his three estatis in this pre-
" sent parliament. That baith the creditour and
" the dettour, the byar and the sellar, the bor-
" roAver and the lennar, the lord and the tennant,
" spkituall and temporall, be observit to the
*• desyre and the intentis of thame that war in
*' the tyme of making the contractis, and pay-
" ment to be made in the samen substance that
" was intendit at the tyme of the making of the
" contractis *." This law was certainly very
equitable ; but it is obvious, that the execution
of it would be attended with many difficulties,
and productive of many disputes ; and that it
would be no easy matter to persuade vassals,
tenants, and debtors of all kinds, to pay a greater
number of pou nds, shillings, and pence, than they
were bound to pay by then- original obligations.
There is sufficient evidence still remaining, tliat
thouiih several laws were made of the same tenor
with that above, none of them could be execut-
• Black Acts, James III., act. 23.
268 HISTORY OF BRITAIN. Book V.
ed ; and that the several feudal payments dvie
by the vassals of the King and barons, by the
successive changes of the coin, and of the value
of money, dwindled down to less than the hun-
dredth part of what was originally intended, and
in manv cases to a mere trifle. The relief, for
example, paid to the crown by the ancient barons
of Panmore, was originally 1221. containing as
much silver as 3661. of our present English mo-
ney ; and as 4,392l. of our present Scotcli money,
equivalent in efficacy to 1,8301, Engiisli, and to
21,960l. Scotch. This was a valuable payment,
and was probably one year's rent of the estate.
Edward I,, when he was in possession of Scot-
land, remitted to William de Maul, baron of
Panmore, 82l. of his own relief, and of his heirs,
to eain him to his interest. From thence the
relief paid by the heirs of that noble family was
401., containing originally as much silver as 1201.
English, and as 1,4401. Scotch, equivalent in
value to 6001. English, and to 7,2001. Scotch
money. But by many successive diminutions
of the nominal money-pound in Scotland, that
payment, originally so considerable, was reduced
to the trifling sum of 3l. 6s. 8d. of our present
English money*.
Gold coin. Gold was coiucd in Scotland by Robert II. soon
after it began to be coined in England by Ed-
ward III.; and the gold coins of both kingdoms
were the same in weight and fineness to the endQjf
* See Ruddi'tnan's Pref. to Anderson's Diploin. Scot. sect. 61.
Chap. G.
COMMERCE, Sec.
this period*. But the reader will form a more
distinct idea of the gold coin of those times, and
of the comparative value of gold and silver, by-
inspecting the following table, than can be given
him in many words.
269
A. D.
A. Regni.
Fineness.
Value of
coins out
Alloy. 1 of a
pound of
gold.
Weight of
silver for a
pound of
gold.
1371, &c.
1390, &c.
1424.
1451.
1456.
1475.
I4S4.
Robert II.
Robert III.
James I. 19
James II. 15
on
oz.pvv. gr
11 18 18
11 18 18
11 18 18
11 18 18
11 18 IS
pw.
1
1
1
1
0
1
1
6
6
6
6
6
6
G
L. s, d.
17 12 0
19 4 0
22 10 0
S3 6 8
50 8 0
78 15 0
78 15 0
lib. oz. pw. gr.
11 1 17 22
11 1 17 22
11 1 17 22
9 8 4 14
9 8 4 14
10 2 0 20
10 5 7 9
James III. 16
11 18 18
11 IS 18
From the above table, constructed from au-
thentic monuments, the following facts appear
— That the gold coined in Scotland was of suf-
ficient fineness — that the nominal money pound
contained above four times more silver, A. D.
1390, than it did in A. D. 1445 : a prodigious
chancre in so short a time ! — and that the va-
lue of gold compared to silver was about one-
third less than it is at present : and so it con-
tinued, till after the discovery of the silver
mines in South America ; from which immense
quantities of that metal have been imported
into Europe.
» Black Act«, Jamc» HI., act I0«. A. D. 1433.
270 HISTORY OF BRITAIN. Book V-
coppcr In thefirstparlianicnt of James III. A. D. 1 4(){),
money. ■■•
an act was made for coining co})])cv money, " for
" tlie use and sustentation of the king's liegis,
" and for almous deid to be done to pure folk."
An exact description is given in the act, of the
form of these copper coins, of which four were
to pass for one penny. Ey the same act, a
coinage, of three hundred pound weight, of a
different kind of copper-money, with a mixture
of silver in it, was appointed. This was called
hlach money, from its colour, as the mixture of
silver in it was very small, probably not greater
than the mixture of copper in the white money,
hardly one ounce in the pound*. King James
was afterwards cruelly calumniated for coining
this black money, and the minds of the common
people inflamed against him on that account, by
the Earl of Angus and his party, though they per-
fectly well knew, that it had been coined in con-
sequence of an act of parliament, when the King
was in his childhood, and had no concern in the
matter. So little regard hath faction to truth,
and so easily are the minds of the people misled !
Rate of It would rcQ uirc a lono- and very tedious indue-
tion of particulars, to ascertain the exact differ-
ence between the rate of living at present and in
the period we are now examining. I have investi-
gated this matter with all the attention of which
I am capable ; and I am persuaded, t]iat to the
lower and middle ranks of the people, living was,
in that period, nominally ten times, and really
• Black Acts, James III., act 12.
Chap. 6. COMMERCE, &c. 071
five times cheaper than it is at present, to persons
of the same rank. To understand the distinction
between the nominal and real difference in the
rate of living, we have only to reflect, 1st, That
one nominal money-pound, m the fifteenth cen-
tiuy, contained as much silver as two nominal
pounds contain at present ; and therefore a per-
son who had then an income of lOl. a-year had
as much silver to expend as one who hath now
an income of 201. a-year ; and, 2dly, That the
same quantity of silver, suppose a pound weight,
would then have pvuchased as many of the neces-
saries of life as five times that quantity, or five
pounds weight of silver, will purchase at present:
for these two reasons, one who had a free annual
income of ten nominal money -pounds in the fif-
teenth century, was as rich and could live as well,
as one who hath an income of ten times as many
money-pounds, or of lOOl. at present; though in
reality, any given weight of coins had then only
five times the value and efficacy that the same
■weight of coins, of equal purity, have in our
times.
That the above account of the nominal differ- VtooCs.
cnce in tlie rate of living, and the real difference
in the value of money, is not far from the truth,
many proofs might be produced ; of which, to
avoid prolixity, I shall mention only two or
three. As grain of different kinds, and animal
food, are the chief means of su])porting luunan
life, their prices claim particular attention ii»
forming a judgment of the ex])ence of living.
272 llISTORY OF BRITAIN. Book Y.
Tlie average price of a quarter of wlieat, in tliat
part of tlie fifteenth century wliich is the suli^ject
of this hook (except in a few years of famine),
appears to have been about 5s. which multiplied
by ten, produces 50s. wliich is not esteemed a
very high price at present. When wheat was
6s. 8d. per quarter, a famine was dreaded, antl
the ports were opened for importation. All other
kinds of grain were cheaper in proportion to
vv'heat than they are at present*. Animal food
of all kinds was still cheaper than grain. The
price of an ordinary, probably a small cow, was
7s. equivalent to 3l. 10s. Od. — of a calf, Is. 8d.
equivalent to l6s. 8d. — of an ox, 13s. 4d. equi-
valent to 61. 13s. 4d. — of a sheep, 2s. 5d. equi-
valent to ll. 4s. 2d. — of a hog, 2s. equivalent to
11, — of a goose, 3d. equivalent to 2s. 6d. &c.f
Liquors were fully as cheap as either bread-corn
or butcher meat, or rather cheaper. Claret cost
only Is. a gallon, equivalent to 10s. and ale only
l^d. equivalent to Is. 3d. i It was established
by law, 2d Henry V. A. D. 1414, " That no
*' yearly chaplain within the realm shall take,
" from henceforth, more for his whole wages by
" the year (that is to say, for his board, apparel,
" and other necessaries), but seven marks, or
''41. 13s. 4d. equivalent to 461. 13s. 4d.^" a
sum which is barely sufficient (if it is sufficient)
to support a single clergyman in board, lodgings^
apparel, and every thing else, in a manner suitable
to his character. By the same statute it is or-
* See Chionifrou Precio^iim, p. fJS— 112. t ^'^- '•'''^•
i Id. ibid. § Staliites, -Jd Henry V. stat. y. c. 2.
Chap. 6. COMMERCE, &c. ^fS
dnined, " Tliat parish-priests which be, or shall
*' be retained to serve cures, sliall take, from
" henceforth, for their whole wages, by the vear,
" but 8 marks, or 51. 6s. 8d.*;" which, being mul-
tiplied by ten, yields 53l. 6s. 8d. ; a sum certainly
not too great for the decent support of a parish-
priest at present : and we cannot suppose that
the parliament of England would have fixed the
highest stipend to be given to a curate at 8 marks,
if that sum had not then been sufficient for his
decent support. Sir John Fortescue, Chief Jus-
tice of the King's Bench, and afterwards Chan-
cellor to Henry VI., wrote his book on the Dif-
ference between an Absolute and Limited JNIo-
narchy, towards the end of this period ; and in
that work he says, in plain terms, " that five
" pounds in a year was a fair living for a yeo-
" man ;" which, I believe, can hardly be said of
fifty pounds a-j-^ear in our times "f. In a word,
it seems to be abundantly evident, that inferior
clergymen, yeomen, respectable tradesmen, and
others in the middle ranks of life, could haA^e
lived as plentifully, in the fifteenth century, on
an income of 51. a-year, of the money of that age,
as those of the same rank can live on ten times
that nominal, or five times that real income, that
is, on 501. a-year at present;. The precious
* Statutes, 2(1 Henry V. sfat. 2. c. 2.
f Fortescue on tlie Dift'erence between an absolute and limited Monar-
chy, p. 13:^.
\ I confess Bishop Fleetwood, in his Chronicon Prociosum, makes the
diftercnce in tlie rate of living only as six to one. But (hat learni'd and
good iiroLite, uritin}" on a case of conscience, intentionally kept within
bounds. He wrote also in the beginning of this cenltn-y, when living wa*
cheaper than it is at present.
vol,. X.. T
^74 HISTORY OF BRTT\IN. Book V.
inetals of gold and silver have indeed greatly-
increased in Britain since those times ; but we
must not therefore imagine, that we are so much
richer than our ancestors ; because as these me-
tals increased in quantity, they decreased in va-
kie and efficacy.
Shipping. The state of shipping in Britain seems to have
been nearly the same in this, that it had been in
the former period. Commerce was not much ex-
tended and a gTeat part of it was still carried on
by foreign merchants in foreign bottoms; which
•retarded the increase both of ships and sailors.
Some attempts were made to build ships of great-
er burden than had formerly been in use, in imi-
tation of the can-acks of Venice and Genoa, which
were often seen in British harbours. But these
attempts were prol:>ably very few, as they are
mentioned by our historians with expressions of
admiration, and those who made them obtained
both honours and immunities. James Kennedy,
the patriotic Bishop of St Andrew's, is as much
celebrated for building a ship of uncommon mag-
nitude, called the Blshof^s Berp^^e, as for building
and endowing a college*. John Taverner of Hull,
obtained various privileges and immunities from
Henry VI. A. D. 1449, " because he had built a
" ship as large as a great carrackf :" a sufficient proof
that few such ships were then built in England.
In the subsequent periods of this work, the
increase of the commerce of Great Britain, par-
ticularly of England, will be more conspicuous,
and merit a n/ore extended delineation.
* Pitscottie. HawUiorden. f Ryin. Feed. torn. U. p. 258.
THE
HISTORY
OF
.' M ;. L ^ , J.
GREAT BRITAIN
t ■■' '» ;'1 't i i .fi:
BOOK V.
CHAr. TII.
THE HISTORY OF THE MANNERS, VIRTUES, VICES, RE-
MARKABLE CUSTOMS, LANGUAGE, DRESS, DIET, AND
DIVERSIONS, OF THE PEOPLE OF GREAT BRITAIN,
rnOM THE ACCESSION OF HENRY IV. A. D. 1399, TO
THE ACCESSION OF HENRY VII. A. D. 1485.
When a country is conquered by a foreign slow
power, and receives new masters, and an inun- ^anners!^
dation of new inhabitants from a distant resdon,
a great and sudden change of manners, &c. is
commonly produced, by the introduction of
those of the conquerors, in the place of those of
th6 ancient inhabitants, or by an intermixture of
both. Such were the great and striking revolu-
07(5 HISTORY OF BRITAIN. Book V.
tions in the munners, customs, and circumstances
of the people of liritain, introduced by the suc-
cessive conquests and settlements of the Romans,
Saxons, Danes, and Normans, in this island,
which have been already delineated in their pro-
per places. But Avhen a country continues to be
inhabited by the same people, living under the
same government, professing the same religion,
and speaking the same language, as the people of
Britain did in this period, the chan^'es in their
manners, customs, virtues vices, language, dress,
diet, and diversions, are slow, and almost imper-
ceptible. These changes, however, like the mo-
tion of the shadow on tlie sun-dial, are real, and
in process of time become conspicuous. If the
heroic Henry V. were now to arise from the dead,
and appear in the streets of London, mounted
on his war-horse and clothed in complete armour,
what astonishment would he excite in the admir-
ing multitude ! How much woidd he be surpris-
ed at every object around him ! If he were con-
ducted to St Paul's, he would neither know the
church nor understand the service. In a word, he
would believe himself to be in a city, and among
a people he had never seen. It cannot therefore
be improper to trace, in every period, those gra-
dual, and almost insensible changes, in our man-
ners, language, and dress, &c. which have at
length transformed us into a people so totally
different from our ancestors ; and to point out
the causes of these changes, and the degrees of
hn])piness or distress which they produced.
Chap. T- MANNERS, Sec. 0^7'
No very material alteration in the ranks and Alterations
orders of men in society took place in this pe-
riod ; but there seems to have been a consider-
able change in the comparative importance and
influence of the people in these several ranks.
The distinction between the nobility and gentry
of England Vv^as now fully established, in conse-
quence of the division of the parliament into two
houses ; and the former enjoyed several privi-
leges to which the latter had no claim. The par-
liament of Scotland still continued to meet in
one house ; and the nobility hardly enjoyed any
peculiar advantages, except their titles and mere
precedency, besides those they derived from the
greatness of their fortunes and number of their
followers*. The citizens and burgesses in both
kingdoms were more respected, or rather, not so
much despised, as they had been formerly ; and
even the common people were treated with
greater lenity, as their haughty lords often stood
in need of their assistance in the field of battle.
The most remarkable chano-e in all ranks of r^pp^P"'*-
c _ tion under
men in this period, was a great diminution of the Henry iv.
numbers of the people in every rank (except tliat
of beggars), by the devastation and depopulation
of the country. This depopulation was occasioned
by the three greatest scourges to which mankind
* In tlic original records of parliament, the ecclesiastical poors arc
always placed first, the dukes and earls next, Ijul the names of
lords and gentlemen are intermixed ; and several gentlemen, who
were not lords of parliament, have dnmhua prefixed to their nainei«.
In a word, the distinction between lords and lairds in those tinic*
was very inconsiderable. 'The wives of lairds were constantly called
ladies.
278. HISTORY OF BUITALN. Uook V.
rv
are exposed, faniiiio, ])estilenee, and war, but
chiefly by the last. Famine was most fatal to those
in the lower walks of life ; war was most destruc-
tive to those of higher rank, in proportion to their
number ; the pestileiice made no distinction.
Depopuia- To Say nothing of the great numbers of brave
Sgu' of ^ y^G^ who fell in the foreign and civil wars in the
Henry V. r^jgn of Hcury IV., what prodigious multitudes
perished in the French wars, in the reigns of
Henry V. and Henry VI., which continued about
thirty years, and were uncommonly destructive !
The English nobility and gentry engaged in those
wars wdtli the greatest ardour, in hopes of obta,in-
ing splendid settlements on the continent. But
instead of gaining fortunes, so many of them lost
their, lives, that in the last year of the victorious
Henry V. there was not a suflicient number of
gentleman left in England to carry on the bu-
siness of civil government. This is evident
- from the following statute, made in that year :
" Whereas, by an act made in the 14th of Ed-
" ward III., it w^as statu'>@- and ordained, That
" no sheriiTorescheator should remain above one
" year in his office, because there v/as then a suffi-
" cient number of gentlemen in every county of
" England, w^ell qualified to fiU these offices to th^,
" satisfaction both of the King and liis subjects :
" And whereas, by diverse pestilences within
" the kingdom, and. by foreign wars, there is
*^ not a sufficiency at present of proper persons^
" to fill these offices : it is therefore enacted by
■' th^s padianient, That the King may appoint
Chap. 7. MANNEES, &c g^i^
*' sheri-fife and escheators to continue more than
"one year in their respective offices for four
" years, commencing at the next election of
" these officers*." This act appears to have
been made with much rehictance, and from
mere necessity.
But if tlie victories of Henrv V. were so fatal u^'^'"'' ,,.
Henry \ 1.
to the population of this countr}% the defeats
and disasters of the succeeding reign were still
more destructive. Tn the twentv-fifth vear of
this^ war; the instructions given to the Cardinal
of Winchester, and other plenipotentiaries ap-
pointed to treat about a peace, authorised them
to represent to those of France, " that there liaan
" been moo men slayne in these wars for the title
" and claime of the coroune of France, of oon na-
" cion and other, than ben at this day e in both
" landys, and so much Christiene blode shede,
" that it is to grete a sorow and an orrour to
" thinke or here itf." But these and many
other representations were in vain. The war
continued several years longer; aud before it
ended, the two powerful kingdoms of France
and England were so much exhausted, that, in
some campaigns, they could hardly bring 10,000
men into the field on either side.
England was still furthei' depopulated by the Edwart;
bloody contest between the houses of Lancaster
and York which succeeded tlie French) win's. This
contest was peculiarly fatal to peisons of rank
• Statutes, 9th Hen. 5. cli. .'>.
f Rym. Fad, tom. 10. p. 7;M:
280 HISTORY OF BRITALN. Book V.
and power, and seemed to threaten tliat order of
. men witli extirpation. If we may believe Philip
de Comines, one of the most credible historians
of those times, no fewer than sixty or eighty
princes and nobles of the blood-royal of Eng-
land lost their lives in this quarrel, either in
battle or on the scaftbld*. The same writer in-
forms us, that Edward IV. told liiin one day in
conversation, tliat in all the nine pitched battles
he had gained, he had fought on foot ; and that
as soon as the enemy began to fly, he mounted
liis horse, and cried to his men to spare the
common people, and to kill their leaders f. At
the battle of Towton, one of these nine, three
earls and ten lords of the Lancastrian party, be-
sides a prodigious number of knights and gentle-
men, were found dead on the field. At the fii'st
parliament of Edward IV., long before the con-
clusion of that fatal contest, the nobility of Eng-
land consisted only of one duke, four earls, one
viscount, and twenty-nine barons ; all the nobles
of the Lancastrian party having been either kill-
ed in battles or on scaffolds, or had fled into fo-
reign countries to save their lives:!:.
The same causes of depopulation produced the
same effects in Scotland ; and this depopulation
was but too visible in both countries, by ruined
viUages, vmcidtivated fields, and decaying towns
and cities^. Upon the whole, we have good reason
to believe, that there were not 3,000,000, pro-
* Philip dc Comines, vol. 1. p. 52. 1S6. f Id. ibid.
I Parliament- Hist, vol. I. p, Sli.
§ J. Rossi Hiit. Angl. passim.
Chap. 7- MANNERS, &c. 031
bably not above 2,500,000 people of all ages in
Britain, at the end of this period. It is no ob-
jection to this, that we hear of numerous armies
transported to the continent, and appearing in
the field in Britain ; because all men from sixteen
to sixty, the clergy not excepted, were every
moment liable to be called into the field, and few
dared to disobey the call.
The circumstances of the people of Britain, in Distresses.
this period, were far from being comfortable. The
crown tottered on the heads of her princes, who
were sometimes on a throne, sometimes in a pri-
son, or in exile. Of the three kinos who reioned
in Scotland, one, after spending the best years of
his life in captivity, perished by a violent death ;
the other two fell in war ; and they were all cut
off ill the prime of their age. Many of the rich
and great experienced the most deplorable re-
\'erses of fortune, and sunk into indigence and
obscurity ; and some of the most ancient and
noble families, in both kingdoms, were ruined,
and almost extirpated. The common people en-
joyed few of the comforts, and sometimes want-
ed the necessaries, of life ; and neither their per-
sons nor properties were secure. It was indeed
impossible that a people so much employed in
destroying tlie inhabitants of other countries, or
in tearing one another in pieces, could be hap-
py. Ikit all the distresses in which tlie peo])le of
Britain were then involved did not diminish
their vices nor increase their virtues. Their
mannci-.s in these respects seem to have been
nearly the same in this as in the preceding pe-
582 HISTORY OF BRITAIN. Book V.
rk)4 and have been alTcacly described. It will
be sufficient therefore, in this pliice, to mention
a fe^v particului's, wliicli were either peculiar to
tke times we are now considering, or become
more or less conspicuous.
Chivalry. Chivalry, one of the most remarkable peculia-
rities in tlie manners of the middle ages, flou-
rished greatly in England in the fourteenth, but
decMiied in tlie fifteenth century. Our kings and
iW)ble» were then so much engaged in real com-
bats, that they could not pay equal attention to
the representations of them in tilts and tourna-
ments; The decline of chivalry is thus feehngly
lamented by that simple person (as he often calls
tiimself ) Mr William Gaxton, : " O ye knyghtes
" of Englond ! where is the custome ami usage
*' of noble chyvalry that was used in tho days ?'
" What dio yc now but go to the baynes, and
" play at dyse ? And some not well advysed^
" use not honest and good rule, again all ordre
" of knygthode. Leve this, leve it, and rede
" the noble volumes of St Graal, of Lancelot,
" of Galaad, of Trystram. of Perse Forest, of
" FercyvaLof Gawayii,and many mo ; ther shall
"ye see manliode, cmtoyse, and gentylness. — I
"would demaunde a question, yf I shold not dis-
" please : How many, knyghtes ben ther now in^
" England, that have thuse and thexerceise of a.
" knyghte ; that is to wite. that he knoweth his-
" horse, and his horse him. I suppose, and
*•' a due serche sholde be made, there sholde be
many founden that lacke ; the more pyte
is. — I wold itpleasyd om: soverayne lord that
it
«
Chap. 7. MANNERS, iec. ogg
" twyse or thryse a-yei'e, or as the lest ones, he
" wold do cry justis of pies, t9 tlxende, that
" every knyght shold have hors and hanieys, and
" also the use and craft of a knyghte, and also
*' to tornoye one agaynste one, or two agaynst
" two, and the best to have a prys, a diamond or
"jewel, such as shold please the prynce*."
But though chivalry was now decUning, it was
far from being extinct. Henry V. of England,
and James I. of Scotland, are highly extolled for
theu' dexterity in tilting; and Richai'd Beau-
champ, Earl of Warwi(;k, v/as famous for the vic-
tories he obtained in those knightly encounters,
both at home and abroad f. Many of the first
productions of the press were books of chivaby,
and adventures of knights-erraaiti. We meet
with a gTcat; number of royal protections graiit-
^d by our kings to foreign piinces, noble>, and
knights, to come into England to perform feats
pf arms ; and licences to their own subjects, ^o
go into foreign countries for the same purpose J.
AH coronations and royal marriages were at-
tended with splendid tilts and tournaments, in
which the young nobles, knights, and gentle-
men, displayed their courage, strength, and dex-
terity in horsemanship, and the use of arms, in
the presence and for the honour of their ladies.
The most magnificent of these tournaments was a touma^
that performed by tlie bastard of Burgundy and "''"'^'
* Ames's Typograjihical Antiquities, p. <1 1 .
f Striitt. vol. 2. Scoticron. lib. l(i. c. '28.
\ Ames's Typograpciicrt! Aiifi<|uities, p. 41 .
<i Vide Kvm. FoRd*
284 HISTORY OF BRITAIN. Rook V.
Antlioiiy Lonl Scales brother to the Queen of
Knglaiid, in Smitlifield, A. D. 1467. The King
and Queen of England spared no expence to do
honoio- to so near a relation ; and Philip Duke
of Burgundy, the most magnificent prince of
that age, was no less profuse in equipping his
favourite son. Several months vvere spent in ad-
justing the preliminaries of this famous combat,
and in performing all the pompous ceremonies
prescribed by the laws of chivalry. Edward IV.
granted a safe conduct, October 29, A. D. 1466,
to the bastard of Burgundy, Earl of La Roche,
with a thousand persons in his company, to come
into England, to perform certain feats of arms
with his dearly-beloved brother Anthony W^idi-
vile. Lord Scales and Nucelles*. But so many
punctilios were to be settled by the intervention
of heralds, that the tournament did not take place
till June 11, A. D. 1467. Strong lists having
been erected in Smithfield, 120 yards and 10
feet long, 80 yards and 10 feet broad, with fair and
costly galleries all around, for the accommodation
of the King and Queen, attended by the lords and
ladies of the court, and a prodigious number of
lords, knights, and ladies of England, France,
Scotland, and other countries, in their richest
dresses ; the two champions entered the lists and
were conducted to their pavilions. There they
underwent the usual searches, and answered the
usual questions,andthenadvancedinto the middle
of the lists. " The first day they ranne together
* Rym. Feed. torn. 1 1. p. 513,
Chap. 7. MANNERS, &c. 285
*' with sliarp spears, and departed with equal
" honour. The next day they turneyed on
" horseback. The Lord Scales horse had on liis
" chaffron a long sharp pike of steel; and as the
*' two champions coaped together, the same
" horse thrust his pike into the nostrils of the
" bastard's horse ; so that, for very pain, he
*' mounted so high, that he fell on the one
" side with his master; and the Lord Scales rode
" about him with his sword drawni in liis hand,
" till the King commanded tlie marshal to help
*' up the bastard, who openly said, I cannot hold
" me by the clouds ; for though my horse fail
" me, I will not fail my encounter-companion.
" But the King would not suffer them to do any
" more that day. The next morrow, the two
" noblemen came into the field on foot, with two
" polaxes, and fought valiantly ; but at the last
*' the point of the polaxe of the Lord Scales hap-
*' pened to enter into the sight of the bastard's
" helm, and by fine force might have plucked
" him on knees : but the King suddenly cast
" down his warder, and then the marshal severed
*' them. Tlie Bastard not content witli this
" chance, required the King, of justice, that he
'* might pcrforme his enterprise. The Lord
" Scales refused not. Eut tlie King, calling to-
" him tlie constable and the marslial, with the
" officers of arms, after consultation had, it was ^
" declared for a sentence definitive, by the Duke
" of Clarence, tlien constable of England*, and
» Jolin Tipfofl, IC.irl (if \\'f)icc«itcr, and not the Duke of Clarence,
^^^ HISTORY OF BRITAIN. Book V.
** the Duke of Norfolk, then marshal, that if he
" would go forward with his attempted chal-
" lenge, ho must, hy the law of arms, be delivered
" to his adversary in the same state and like con-
" dition as he stood when he was taken from hiih.
" Tlie Bastard, hearing this judgment, doubted
" the sequel of the matter, and so relinquished
" his challenge*."
Bravery. The bravcry and martial ardour of both the
British nations never appeared more conspicuous
than in the present period, particularly in the
reign of Henry V. The English under that he-
roic prince seemed to be invincible ; and fought
with so much courage and success, that, towards
the end of his reign, they had a very probable
prospect of making a complete conquest of the
great and populous kingdom of France. The
Scots were much admired for the steady intrepi-
dity with which they defended themselves, and
the seasonable and successful succours they sent
to their ancient allies in their greatest distress,
when they were on the brink of ruin, and for-
saken by all the world.
Subject to But national as well as personal courage is sub-
ehange. j^^^ ^^ suddcu and Surprising changes, which are
sometimesproducedbyverytriflingcauses. There
is not a more remarkable example of this in his-
tory than that extraordinary revolution in the spi-
rits of the French and English armies, at the siege
was then constable. See Rym. Feed, tonv, 11, p. 581. Biographia Bri-
tannica, vol. 2. p. 1231. Note.
* Stow, p. 420.
Cbap. 7. MANNERS, &c. ^^^
of Orleans, A. D. 14^8, which hath beeft already
mentioned*. Before that period, the English
fought likelions, and the French fled before them
like sheep. But as soon as the Maid of Orleans,
a poor obscure servant-givl, about seventeen years
of age, appeared on the scene of action, the for-
tune of the war, and the spirits of the contend-
ing nations, were entirely changed. The French
became bold and daring, the English dastardly
and desponding. The terror of that dreaded
heroine was not confined to the English army in
France, but seized the great body of the people
at home, and made many who had enlisted in
the service, desert, and hide themselves in holes
and corners. This appears from the proclama-
tions issued in England, commanding the she-
riffs of London, and of several counties, to
apprehend those who had deserted and conceal-
ed themselves Jbr fear of the Maidf. As it is
imprudent to discover any distrust of national
courage when war is necessary, it is no less im-
prudent to plunge a nation into a war, from
too great a reliance on a quality that may fail
when it is least expected.
The hospitality of our ancestors, particularly of Hospitaiity
the great and opulent barons, hath been much great.
admired, and considered as a certain proof of the
nobleness and generosity of tlieir spirits. The
fact is well attested. The castles of the powerful
barons were capacious palaces, daily crowded
• Sev vo.. 9. p 91, &c.
t Rym. Feed. torn. 10. p. 459. 472,
28» HISTORY OF BRITAIN. Hook. V.
with their numerous retainers, who were always
welcome to their plentiful tahles. They had tlieir
privy counsellors, their treasurers, marshals, con-
stables, steAvards, secretaries, chaplains, heralds,
pursuivants, pages, henshmen or guards, trum-
peters, minstrels, and, in a word, all the officers
of the royal court*. The etiquette of their fa-
milies was an exact copy of that of the royal
household ; and some of them lived in a decree
of pomp and splendour little inferior to that of
the greatest kings. Richard Nevile, Earl of A¥ar-
wick, we are told, " was ever had in great favour
" of the commons of the land, because of the ex-
" ceeding household which he daily kept in all
" countries wherever he sojourned or lay ; and
" w^hen he came to London, he held such an
" house, that six o:xen w^ere eaten at a breakfast;
" and every tavern was full of his meatf ." The
Earls of Douglas in Scotland, before the fall of
that great family, rivalled, or rather exceeded,
their sovereigns in pomp and profuse hospitality.
But to this manner of living, it is highly proba-
ble, these great chieftains were prompted, by a
desire of increasing the number and attachment
of their retainers, on which, in those turbulent
times, their dignity, and even their safety, de-
pended, as much as on the innate generosity
of their tempers. These retainers did not con-
stantly reside in the families of their lords ; but
they wore their liveries and badges, frequently
* See the Northumberland Family-book.
■J- Stow, p, 4*21 .
Chap. 7. MANNERS, &c. gg^
feasted in their halls, swelled their retinues on
all great solemnities, attended them on their jour-
nies, and followed them into the field of battle.
Some powerf id chieftains had so great a number
of these retainers constantly at their command,
that they set the laws at defiance, were formida-
ble to their sovereigns, and terrible to their fel-
low-subjects; and several laws were made against
giving and receiving liveries*. But these laws
produced little effect in this period.
Hospitality was not confuied to the great and of inferior
opulent, but was practised rather more than it is
at present by persons in the middle and lower
ranks of life. But this was owing to necessity,
arising from the scarcity of inns, which obhged
travellers and strangers to apply to private per-
sons for lodging and entertainment ; and those
who received them hospitably acquired a right
to a similar reception. This was evidently the
case in Scotland in the first part of this period.
James I., A. D. 1424, procured the following act
of parliament : " It is ordanit, that in aU burrow
" townis, and throuchfairis quhair commoun pas-
" sages ar, that thair be ordainit hostillaries and
*' resettis, havand stables and chalmers ; and that
" men find with thame bread and aill, and all
*' uther fude, alswcil for horse as men, for reson-
" able price f." But travellers had been so long
accustomed to lodge in private houses, that these
• See Statutes, 1st Hen. IV. c. 7. 7th lien. IV. c. 14. Sth Edward
IV. c. 2.
f Black Acts, James I. par. I. c. 26.
VOL. X. U
oc)0 HISTORY OF BRITAIN. Book V.
public inns were quite neglected ; and those who
kept tliem presented a petition to parliament,
complaining, " Tiuit the liegis travelland in the
" realme, quhen they come to burrowis and
** throuchfairis, herbreis thame not in hostilla-
" ries, bot with their acquaintance and friendis*."
This produced an act prohibiting travellers to
lodge in private houses where there were hostal-
ries, under the penalty of 40s. and subjecting
those who lodged them to the same penalty.
Religion. The people of Britain were not chargeable
with the contempt, or even neglect, of the cere-
monies of religion in this period. On the con-
trary, many of them spent much of their time
and money in performing those ceremonies. To
say nothing of the almost constant service in ca-
thedral and conventual churches, all the great
barons had chapels in their castles, which very
much resembled cathedrals, in the number of
tlieir clergy aiwi choristers ; the richness of their
furniture and images ; and the pomp and regu-
larity with which the sei^ice of the church was
daily performed. The Earl of Northumberland,
for example, had constantly in his family a dean
of liis chapel, who was a doctor of divinity, a
subdean, and nine other priests ; eleven singing
men and six singing boys ; in all, twenty-eight ;
who daily performed divine service in his cha-
^ pel, at matins, lady-mass, high-mass, even-song,
and comply ne. The four first singing men act-
* Black Acts, James I. par, 3. c. 6U
Chap. 7. MANNERS, &c. 2qj
ed as organists, weekly by turns*. Tliis was a
very splendid and expensive establishment, con-
sisting of greater numbers than are now to be
found in several cathedrals.
But unhappily the relioion of our ancestors in ^"p^''*^-
those times was so strongly tinctured with gross
irrational superstition, that it had little tendency
to enlighten their minds, regulate their passions,
or reform their lives. Their creed contained
some articles, that theu' very senses, if they durst
have used them, might have convinced them
could not be true ; and others that were equally
contrary to reason and revelation. The ceremo-
nies of their worship were mere mechanical ope-
rations, in which their minds had little or no
concern ; and they were taught to place their
hopes of tlie divine favour on such fallacious
grounds, as the pardon of a venal priest, the pa-
tronage of a saint, pilgrimage, fastings, flagella-
tions, and the like. But the most odious feature
of the religion of those times was its horrid cru-
elty and intolerance, whicli prompted them to
burn their fellow-Christians to ashes, because
they dared to think for themselves, and to wor-
ship God in a manner which they believed to be
more acceptable than the establislied forms.
It is one evidence amongst maiiy others, that Perjurj
their religion had little influence on their morals,
that perjury prevailed to a degree that is hardly
credible, and the obligations of the most solemn
» See Northumberland Fainily-bool;, p. 2:23 — 33j.
292 HISTORY OF BRITAIN. Book V.
oaths were almost totally disregarded by persons
of all ranks. Of this the reader must have ob-
served many examples in the preceding history,
particularly in the conduct of Edward I^^. and
Richard III.* All the lords, spiritual and tem-
poral, in the famous parliament at Shrewsbury,
A. D. 1398, oaS^Q^ the great j)nrl\ament, took a
solemn oath on the cross of Canterbury, never
to suffer any of the acts of that parliament to be
changed ; and yet these same lords, in less than
two years after, repealed all these actsf. Vari-
ous ceremonies were invented to give additional
solemnity to oaths, and secure their observation.
Philip the good Duke of Burgundy, A. D. 14.53,
in the middle of a great feast, and in the pre-
sence of his whole court, had a roasted pheasant
brought to his table, with great pomp, and swore
over it a most tremendous oath, that he would
march an army against the great Turk ; and all
the lords and knights of his court swore in the
same manner that they would march with him :
but none of them performed their oaths ]:. It
is no wonder that the common people were so
profligate in this respect, that not a few of them,
we are told, lived by swearing for hire in courts
of justice §.
Swearing The EugUsh wcrc remarkable in this period,
sation. ' amoug the nations of Europe, for the absurd and
impious practice of profane swearing in conver-
* See vol. 9. p. 214. 248. 252.
f See vol. 7. p. S57. vol. 9. p. 4.
\ Moristrdct, torn, S. fol. 56, § Wilkin. Con. p. £34.
Chap. 7. MANNERS, &c. 093
sation. The Court of Luxemburg, accompanied
by the Eai'ls of A¥arwick and Stafford, visited
the INIaid of Orleans in her prison at Rouen,
where she was chained to the floor, and loaded
with irons. The Count, who had sold her to the
English, pretended that he had come to treat
Avith her about her ransom. Viewing him with
just resentment and disdain, she cried, " Begone!
" You have neither the inclination nor the power
" to ransom me." Then turning her eyes to-
wards the two earls, she said, " I know that you
" English are determined to put me to death ;
" and imagine, that after I am dead, you will
" conquer France. But though there were an
" hundred thousand more God-dam-mees in
" France than there are, they will never conquer
" that kingdom*." So early had the English
got this odious nickname, by their too frequent
use of that horrid imprecation. A contemporary
historian, who had frequently conversed with
Henry VI., mentions it as a very remarkable and
extraordinary peculiarity in the character of that
prince, that he did not swear in common conver-
sation, but reproved his ministers and officers of
state when he heard them swearing f.
An excessive irrational incredulity still conti- Credulity.
nued to reign in all the nations of Europe, and
seems to have prevailed rather more in Britain
than in some other countries. Of this many
proofs might be produced. There was not a man
* Villaret, torn. 15. p. 27.
t Ottcrbournc, edit, a T. Hearne, torn. 1. p. 300.
294. HISTORY OF BRITAIN. Book V.
then in England who entertained the least doubt
of the reality of sorcery, necromancy, and other
diabolical arts^-. Let any one peruse the works
of Thomas AA'alsingham, our best historian in
this period, and he will meet with many ridicu-
lous miracles, related with the greatest gravity,
as the most unquestionable facts. The English
were remarkable for one species of credulity pe-
culiar to themselves, viz. a firm belief in the pre-
dictions of certain pretended prophets, particu-
larly of the famous Merlin. Philip de Comines,
in his relation of what passed at the interview be-
tween Edward IV. and Lewis XI. on the bridge
of Picquiny (at which he was present), acquaints
us, that after the two kings had saluted one ano-
. ther, and conversed a little together, the Bishop
of Ely, Chancellor of England, began a harangue
to the two monarchs, by telling them, that the
English had a prophecy, that a great peace would
be concluded between France and England at
Picquiny ; for the English (says Comines) are
great believers in such prophecies, and have one
of them ready to produce on every occasion f.
The Eng- The English frequently defeated the French
ciators. in the field in this period, but were generally
defeated by them in the cabinet. Philip de Co-
mines, who was an excellent judge of mankind,
and seems to have studied the national character
of the English with great care, acknowledged that
* W. Wyrcester, p. 461. 471. Rym. Fcsd. torn. 8. p. 427. Wilkin
Concil. torn. 2. p. 394.
f Meinoires de Philippe de Comines, 1. 4. c. 10.
Chap. 7. MANNERS, &c. 29">
they were but blundering negotiators, and by
no means amatchforthe French. They were easi-
ly imposed upon, he says, by dissimulation, apt to
fall into a passion, and to become impatient when
they were contradicted; and, in a word, that
they were not so subtile, insinuating, and pa-
tient, as their adversaries, who took advantage of
all their foibles*. The English certainly com-
mitted a most grievous error in withdrawing,
in a passion, from the great congress at Arras,
A. D. 1435f . No prince was ever more shame-
fully deceived by another than Edward IV. by
that artful and faithless monarch Lewis XI.
A fierce, and even cruel spu'it too much pre- Ferocity,
vailed in both the British nations in this period,
and formed a disagreeable feature in then' national
characters. This was owing to the violent con-
tests, and almost constant wars, in which they were
engaged; which hardened their hearts, inflamed
their passions, and made them familiar with blood
and slaughter. The reader must have met with so
many proofs of this fierce and cruel spirit, in per-
using the first chapter of this book, that it is as
unnecessary as it would be unpleasant, to multiply
examplesof it in this place. It is sufficient to ob-
serve in general, that the wars and battles of this
period were uncommonly fierce and sanguinary ;
that prisoners of distinction were generally put to
death on the field, in cold blood ; that assassina-
* Memoires de Philippe de Comines, I. 4. c. 6. 9.
t See vol. 9. p. 109.
296 HISTORY OF BRITAIN. Book V.
tions and murders were very frequent, perpe-
trated on persons of the greatest eminence, by
the hands of kings, nobles, and near relations.
The ferocity of those unhappy times was so
great, that it infected the fair and gentle sex,
and made many ladies and gentlewomen take up
arms, and follow the trade of war. " At this
" siege (of Sens, A.D. 1420,) also lyn many wor-
" thy laydes and gentilwomen, both French and
" English ; of the whiche many of hem begonne
" the faitz of armes long time agoon, but of
" lyying at seges now they begynne first*.''
But the women of Wales, on one occasion, are
said to have been guilty of deeds so horrid and
indelicate, that they are hardly credible ; and
are, therefore, related in the words of the origi-
nal author, in the note below f.
* Rym. Feed, torn. 9. p. 911.
f Eo tempore (A. D. 1402.) Howenus Gleyndor assuetis intcndens
irruptionibus, pene totam militiam Herefordensis provinciae provocavjt
ad arma, cui ducatum praebuit Edmundus de Mortuomari. Sed
cum perventum fuisset ad actum martium, proditione mediante, et
Edmundus captus at ca;teri victi sunt, occisis de nostratibus amplius
quam mille viris. Quorum genitalia mulieres Wallensium post con-
flictum absiderunt, et membrum pudendum in ore cujuslibut inter-
empti posuerunt, testiculosque a mcnto dependere fecerunt^ nasosque
prfficisos in oculis eorundera presserent, et sepulturam mortuis cadaveri-
bus prohibuerunt. T. Walsing. p. 557.
Shakespeare seems to have perused the above, of virhich the following
lines are a delicate guarded translation :
There came
A post from Wales, loaden with heavy news ;
Whose worst was, that the noble Mortimer,
Leading the men of Herefordshire to fight
Against th' irregular and wild Glendower,
Was by the rudt hands ef that Welshman taken ;
Chap. 7. MANNERS, &c. 297
When we consider the state of the country, Robbery.
the condition and character of many of its in-
habitants, we shall not be surprised to hear that
England was much infested with robbers in
this period. Sir John Fortescue, Chief Justice
of the Iving's-bench in the reign of Henry VI.,
acknowledges that robbeiy was much more fre-
quent in England than in France or Scotland ;
and, which is remarkable in one of his profes-
sion, he boasts of this as a proof of the superior
courage of the English. " It hath ben often
" seen in England, that three or four thefes hath
" sett upon seven or eight true men, and robyd
" them al. But it hath not ben seen in
" Fraunce, that seven or eight thefes have ben
" hardy to robbe three or four true men. Where-
" for it is right seld that Frenchmen be hangyd
" for roberye, for that they have no hertys to do
" so terrible an acte. There be therefor mo men
" hangyd in England, in a yere, for roberye
" and manslaughter, than there be hangyd in
" Fraunce, for such cause of crime, in seven
" yers. There is no man hangyd in Scotland in
" seven yers together for robberye ; and yet tliay
" be often tymcs hangyd for larceny and stely-
" inff of ooods in the absence of the owner tlier-
" of : but their harts serve them not to take a
A thousand of his people butclicred.
Upon whose dead corps there was such misuse.
Such beastly shameless transformation
By the Welshwomen done, as may not be,
Without much shame, retold, or spoken of.
1st Tart Heiu-y IV. Act 1. Scene 1.
COS HISTORY GF BRITAIN. Book V.
'' inanny's goods, while he is present, and will
"defend it; which maner of takying is called
" robberyo. But the English men be of another
" corage : for if he be poer, and see another man
" having richesse, which may be taken from him
" by might, he wol not spare to do so*."
Whatever becomes of the reasoning of the Chief
Justice, his authority is sufficient to estabhsh this
fact, that robbery prevailed much more in Eng-
land than in France or Scotland, in his time.
Manners The manners of the clergy in the preceding
clergy. pcriod, which have been so fully described in
the eighth volume of this work, were so similar
to those of the times we are now delineating,
that, to prevent unnecessary repetitions, the read-
er may be referred to that description f. For
though Dr Wickliffe and his followers declaimed
with as much vehemence against the pride, am-
bition, avarice, cruelty, luxury, and other vices
of the clergy, as against their erroneous doctrines
and superstitious ceremonies, they declaimed in
vain : the clergy were at least as much attach-
ed to their riches, their honours, and their plea-
sures, as to their speculative opinions ; and as
unwilhng to abandon their vices as to renounce
their en-ors. In a word, the generality of the
British clergy in this period were neither more
learned, nor more virtuous, than their imme-
diate predecessors ; and seem to have differed
* Sir John Fortescue on tke Difference between an absolute and K-
mited Monarchy, ch. 13.
t See vol. 8. p. 367—371.
Chap. 7. MANNERS, &c. ggq
from tliem in nothing but in the Superior criielt^^
with which they persecuted the unhappy Lol-
lards,
Great cities in (general are not very friendly to ^J''""^"
'^ ''J of youth.
the virtue of their inhabitants, especially of the
young and opulent. Honest Mr Caxton observed
concerning the youth of London in his time, that
when they w^re very young they were exceed-
ingly amiable and promising; but that when
they arrived at riper years, many of them disap-
pointed the hopes of their friends, and dissipated
the wealth that had been left them by their
parents. " I see that the children that ben borne
*-' within the sayd cyte (London) encrease and
*' prouffyte not like their faders and olders ; but
" for mooste parte, after that they ben comeyn
"to theyr perfight yeres of discrecion, and ry-
*' penes of age, how well that theyre faders have
" lefte to them, grete quantite of goodes, yet
scarcely amonge ten two thrive. O, blessed
Lord! whan I remembre thys, I am al abashed:
I cannot juge the cause ; but fayrer, ne wyser,
" ne bet bespoken childi*en in theyre youthe ben
" no wher than ther ben in London ; but at thyr
" ful ryping, there is no camel, ne good corn
" founden, but chaff for the moost part*."
It would be improper to pursue this unpleasant Compa-
subject any further. If our ancestors in this period
were free from certain vices and follies which
are too prevalent among their posterity in the
present age, they were guilty of others, some
• Ames' Hi&tory of Printing, p. 37.
<(
(C
riiion.
200 HISTORY OF BRITAIN. Book V.
of them of a very odious nature, which do not
now prevail. Let us not then imagine, from an
ill-founded veneration for antiquity, that the
former times were better than these. In several
respects they were certainly much worse, as well
as more unhappy.
Language. Tlic Uviug language of a great commercial
people, who cultivate the sciences, and have
much intercourse with other nations, is liable to
perpetual changes. These changes are intro-
duced by slow imperceptible degrees; but in
the course of a few ages they become conspicu-
ous. The language (for example) of the people
of England, in the eleventh, twelfth, and thir-'
teenth centuries, is now as unintelligible to
their posterity, as a dead or foreign language.
Of this any reader may be convinced, by look-
ing into the Saxon chronicle, or turning to the
specimens of the language of those times, in the
preceding volumes of this work*. In the four-
teenth century, the people of England began to
speak a language Avhich may be called English ;
though it. was still so different from that which is
spoken by their posterity in the present age,
that it can hardly be understood without the
assistance of a glossary f.
Greater Tlic language of the vulgar, in every age, is
the Ian- cousidcrably different from that of the polite and
fhTvuigar learned ; and in some times there are greater
than of the (.jiano-es iu tlic ouc than in the other. In our pre-
leacned. o r
* See vol. 4. p. 368, f569 ; vol. C. p. 352, 353 ; vol. 8. App. No. 4.
f See the works of Chaucer, Gowcr, &,c.
Chap. 7. MANNERS, &c. 301
sent period, we find few or no improvements in
the language of the learned, because there were
few or no improvements made in learning. The
works of Chaucer and Gower, who flourished in
the fourteenth century, are as intelligible to a
modern reader, as those of King James I., Lyd-
gate, or Occleve. But we learn from the testimo-
ny of William Caxton, that the language of the
common people of England underwent a very
remarkable change in the course of this period.
" Certaynly the langagenow used (A. D. 1490.)
" varyeth ferre from that which was used and
" spoken whan I was born. For we Englishe men
*' ben borne under the domynacyon of the mone,
" which is never stedfaste, but ever waver-
*' ynge*." The difference between the lan-
guage most commonly used and inost generally
understood, and that which was affected by the
pohte and learned, was then so great, that
Mr Caxton (who was much employed in trans-
lating books out of French into English) was
greatly perplexed what v/ords to use, in order to
render its translations universally useful and
agreeable. " Some gentylmen (says he) have
" blamed me, saying, that in my translacyons I
" had over curyous tcrmes, which could not be
" understande of comyn peple, and desired me to
" use old and homely terms in my translacyons ;
" and fayn wolde I satisfy every man. But
" som honest and grete clerkes have been wyth
" me, and desired me to wryte the mostc curyous
* Ames' History of Printing, p. 52.
302 HISTORY OF BRITAIN. Book V.
" termcs that I coude fyiide. i\nd tliiis between
" pliiyn, rude, and eurioiis, I stand abashed*."
To extricate himself out of this difficulty, Cax-
ton very wisely resolved to use terms neither
over-rude nor over-curious.
Different Difference of dialect is common to everv lan-
guage, in every age and country, especially in
countries of great extent, and divided into many
provinces. This difference was so great in Eng-
land, in this period, that (as we are told) the
inhabitants of one county hardly understood
those of another. " That comyne Englishe
" that is spoken in one shy re varyeth from an -
•' other ; insomuche, that in my dayes happened,
'' that certayn merchaunts were in a shipp in
" Tamyse, for to have sailed over the see into
" Zelande, and for lacke of wynd they taryed
" atte Forland, and went to land for to re-
" freshe them ; and one of them, named Shef-
" felde, a mercer, came into an hows, and axed
" for mete, and specyally he axed after egges ;
" and the good wyf answerde. That she coude
" speke no Frenshe. And the merchant was an-
" gry ; for he also coude speke no Frenshe ; but
-' wolde have hadde egges, and she understode
*' him not. And thenne at last another sayd,
" that he wolde have ceyren ; thenne tlie good
" wyf sayd, that she understode him wellf."
Spelling From the many specimens that have been giv-
unsettled. •> L o
en of the English of this period, in this and the
preceding chapters of this book, from the best
* Ames' History of Printing, p. 52. -f Id. ibid.
Chap. 7. MANNERS, Sec. 303
writers both in prose and verse, the reader must
have observed with some surprise their various,
strange, irregular manner of speUing, which con-
tributes not a little to the obscurity of their writ-
ings. Spelling, in those times, was so perfectly
arbitrary and unsettled, that the same writer
spelt the same word two or three different ways
in the same page. In a word, every -writer con-
tented himself with putting together any com-
bination of letters that occurred to him at the
time, which he imagined would suggest the
word he intended to his readers, without ever
reflecting what letters others used, or he himself
had used, on former occasions, for that purpose.
It is difficult to discover any very material dif- La^jguage
'^ -^ ^ of Scot-
ference between the language of England and land.
of the low lands of Scotland, in this period ; the
writers of the one country being as intelligible to
a modern reader as tliose of the other. Of this any
one may be convinced, by comparing the works
of Jeoffrey Cliaucer and John Earbour, or of any
two contemporary writers of the two countries.
There was probably a considerable difference in
the pronunciation, as there is at present.
Customs which have been Ions; established are Laws in
p ■, , , . French.
apt to be continued, after the change ol circum-
stances hath rendered them absurd and inconve-
nient. Could any custom be more inconvenient
and unreasonable, than to compose and promul-
gate tlie laws of a country in a language which
few of the legislators, and hardly any of the other
inhabitants, understood? Such a custom pre-
vailed in Knuland in this neriod. Tlie numerous
304 HISTORY OF BRITAiy. Book V.
statutes made in the reigns of Henry IV., V.,
and VI., and of Edward IV., except a very few
in Latin, were composed, recorded, and promul-
gated in French * ; tliough that language was
then very little understood or used in England.
INIany proofs might be produced of this last fact ;
but the express testimony of an author of un-
doubted credit, who flourished in those times,
will, I hope, be thought sufficient. Honest
William Caxton assures us that the great mo-
tives which induced him to spend so much of
his time in translating books out of French into
English, were, " 1. Because most quantyty of
" the peple understoude ne Frenshe here in this
" noble royame of England — and, 2. To satisfy
" the requestes of his syngular good lordes,"
who needed these translations as well as others f.
Richard III. and his parliament, which met at
Westminster, 20th January A. D. 1483, put an
end to this absurd custom, by framing their acts
in the English language:]:. The acts of the par-
liaments of Scotland, from the beginning of this
period, were composed in English, or in the lan-
guage of the low lands, and most populous parts
of that kingdom, which was also understood by
the chieftains in the Highlands J.
Dress. As the pcoplc of England, in this period, pos-
sessed great abundance of excellent wool, and had
made considerable progress in the cloathing arts,
it is probable that they were comfortably and de-
* See Statute, vol. 1,2. f Ames, p. 47.
I Statutes, 1st Richard III. § See Black Acts.
Chap. 7. MANNERS, &c. 3O5
centiy dressed. This conjecture is confirmed by
the unexceptionable testimony of Sir John For-
tescue ; who, in proving that the EngHsh, who
lived under a limited monarcliy, were much hap-
pier than their rivals the French, who Hved
under a despotic government, gives this as one
example of their superior happiness, that they
were much better di-essed or clothed. " The
" French weryn no wollyn, but if it be a pore
" cote, under their uttermost garment, made of
grete canvas, and call it a frok. Their hosyn
be of like canvas, and passin not their knee ;
" wherefor they be gartered, and their thyghs
*' bare. Their uifs and children gone bare fote*.
" But the English wear fine wollen cloth in all
*• their apparell. They have also abundance of
" bed-coverings in their houses, and of all other
" wollen stufFe*." It is probable, however, that
Sir John Fortescue, in this passage, speaks only of
yeomen, substantial farmers, and artificers. For
it appears, from an act of parliament made A. D.
1444, for regulating the wages and clothing of
servants employed in husbandi-y, that their dress
and furniture could hardly answer the above de-
scription. By that law a baihff or overseer was to
have an allowance of 5s. equivalent to 50s. a-year,
for his clothing ; a hind or principal servant, 4s.
equivalent to 40s. at present ; an ordinary ser-
vant, 3s. 4d. equivalent to 33s. 4d.|. But as al)
• Fortescuc on absolute and limited iMouarcliy, c. 3<
f Id. de Laiidiiius Lejrum Anylice, cap. 36.
\ Statutes, 2r5d Hen. VI. c. 12.
vol,, X. X
Robes of
the nobili
206 HISTORY OF BRITAIN. Book V.
these persons were allowed meat, drink, and
wages, they might be comfortably and decently
clothed, by expending a part of then* wages on
their clotliino;. The dress of labourers and com-
mon people in this period appears to have been
simple and well contrived, consisting of shoes,
hose made of cloth, breeches, a jacket and coat
buttoned and fastened about the body by a belt
or girdle. They covered their heads with bonnets
of cloth*. As the common people could not af-
ford to follow the capricious changes of fashion,
the dress of both sexes in that order seems to have
continued nearly the same through several ages.
But comfort and decency are not the only, very
ty. &c. often not the chief, objects regarded in dress.
It hath been an ancient and universal custom, to
distinguish the different ranks and professions in
society by their different robes and dresses. The
robes worn by the kings, princes, dukes, earls,
lords, and knights of England, on public solem-
nities, are so well known, and have been so often
described, that a minute delineation of them in
this place is unnecessary, and would be tedious.
As those of persons of rank in Scotland, in this
period, are not so generally known, they may be
briefly mentionedj. The robes of the earls,
lords of parliament, and burgesses, in the parlia-
ments of Scotland, were prescribed by the fol-
lowing law made in the reign of James II. A. D.
• See Mr Stnitt's usc-riil work, vol. C. plate 3.
f See Seidell's Tillee of Honour, Ainslic's History of the Garter,
Stnitt's Anti(jiiitie».
Chap. 7. MANNERS, &c. 307
1455 ; " It is statute and ordainit, that all erlis
" sail use mantillis of browne granit, oppin be-
" foir, fumt with quhyte lyning, and lynit be-
" foir outAvith an hand braid to the belt steid,
" with sanien furring, with lytell huds of the
" saimen claith, and to the iisit upon their schul-
"' daris. And the other lordis of parliament to
" have an mantellof reid,rychtswaoppenit befoir,
" and lynit with silk, or furrit with cristy gray
" greece, or purray, togidder with an hude of the
" samen claith, furrit as said is. And all com-
" missaries of burrowis, ilk ane to have ane pair
" of clokis of blew, furrt fute syde, oppin on the
" rycht schuldar, furrit as affeiris, and with huds
" of the sanien, as said is. And quhat erl, lord
" of parliament, commissaries of borrowis, that
" enteris in parliament or generaU counsall but
** [without] the said habit furrit, saU furthwith
" pay tharefter ten punds to the King unfor-
" given*." By the same law, advocates, who
spoke for money in parliament, are commanded
" to have habits of grene, of the fassoun of a
'" tuiielvil, and the sieves to be oppin as a tal-
" bertf ." How antic and ridicidous an appear-
ance would an advocate make at the bar, in the
present age, in this di'ess ! But the magic pow-
er of fashion makes almost any habit appear
graceful while it is fashionable.
As vanity contributed as much as necessity to Fashions.
the introduction and use of clothing, that power-
ful universal passion has presided ever since in
• Black AcU, 28ih J»me« II. ch«p. St. f Ibid.
308 HISTORY OF BRITyVlN. Book V.
the province of dress, and produced an almost
innumerable multitude of modes and fashions in
every age. Many of these fashions appear to us
ridiculous ; some of them were certainly incon-
venient ; few of them deserve to be recorded or
revived ; and therefore a very brief notice of the
most remarkable of them, it is hoped, will be
sufficient to gratify the reader's curiosity. To
attemjit a minute detail of them all, in regular
succession, Avould be as vain as to attempt such
a detail of the shape of last year's clouds, and as
imbecoming the dignity of general history.
Long Those fashions that are most absurd and trou-
shies! blesome, and most keenly opposed and censured,
are commonly most permanent. Folly is fickle
when it is let alone, but obstinate when it is op-
posed. No fashion could be more absurd and
troublesome than that of the long-pointed shoes,
with which they could not walk till they were
tied to their knees with chains. This fasliion
was condemned by the papal bidls, and the de-
crees of councils, and declaimed against with
great vehemence by the clergy ; and yet it pre-
vailed, in some degree, almost three centuries*.
At length the parliament of England interpos-
ed, by an act, A. D. 1463, prohibiting the use
of slices or boots with pikes exceeding two inch-
es in length, and prohibiting all shoemakers to
make shoes or boots with longer pikes, under
severe penaltiesf. But even this was not suffi-
• W. Malms, p. f>9. J. Ttossii TIlsl. p. 205.
f Statult's, Sil Eilw. IV. ch. 1.
Chap. 7. MANNERS, Sec. - 3()g
cient to put an end to this ridiculous inconve-
nient fashion. The civil power was obliged to
call in the aid of the church ; and a proclama-
tion was published in all parts of England, de-
nouncing the dreadful sentence of excommuni-
cation, besides all other penalties, against all who
wore shoes or boots with pikes longer than two
inches*.
The dress of the beaux and fine gentlemen of Dress of a
England, in this period, was remarkably scrimp
and hght. Their stockings and breeches were in
one piece, as tight to their limbs as possible, like
the tartan trouse of the gentlemen in the high-
lands of Scotland. Their coats or jackets were
very short, reaching only an inch or two below
the top of their breeches ; and John Rous of
Warwick complains bitterly, that by the shortness
of then' coats they exposed those parts to view
which ought to have been concealed f. Parlia-
ment also attempted to prevent this indecency,
and made an act, A.D. 1463, that no man should
wear a jacket but what was of such a length,
that when he stood upright it should hide his but-
tocks |. But the power of fashion was greater
than the power of parliament. Long hair was
much admired by the gay, and as much con-
demned by the grave, particularly by the clergy,
in this period. John llous reproaches the beaux
of his time for suffering their long hair to cover
• Stow, p, 419. f J. Rossi Hist. p. 131.
\ Statutes, 3tl Edw. IV. Slow, p. 417.
310 HISTORY OF BfilTAiN. Book V.
their foreheads, on wliicli they liad been marked
with the si on of tlie cross, at their baptism*.
On their heads they wore bonnets of cloth, silk,
or velvet, adorned with pearls and precious
stones f. In winter and bad weather they used
mantles, which were at some times as short astheir
jackets, and at other times so long, that their
sleeves reached the ground. These mantles with
long sleeves are ridiculed by the poet Occleve,
in the following lines :
Now hath this land little ticde of broomed.
To sweep away the filth out of the strccte,
Sin side sieves of penniless grooms
Will it uplicke, be it dry or weete.
\Yhen Henry Prince of Wales, afterwards Heir-
ry v., waited on his father Henry IV., in order
to make his peace, he was dressed in a m.antle or
gown of blue sattin, full of small oylet holes, with
a needle hanging at every hole by a silk threadf .
This was sufficiently ridiculous, but it was the
fashion.
Ladicfs 1'lie young, gay, and opulent of the fair sex
were not less fond of ornaments, nor less fickle and
fanciful in the fashions of their dress, than their
admirers. As it would be ungraceful to dwell on
this subject, I shall mention only one of these
fashions. The head-dresses of the ladies were ex-
ceedingly large, lofty, and broad. This mode was
• J. Rossi Hist., p. ISl.
f See the figure of a Beau in Strutt'i Antiquities, toL S. plate 1.
\ HuUiiig»h«d, p. 1100.
Chap. T. MANNERS, &c. 3IX
introduced in tlie preceding period, prevailed
long both in France and England, and at length
arrived at a most enormous pitch*. When Iza-
bel of Bavaria, the vain, voluptuous consort of
Charles VI., kept her court at Vincennes, A. D.
1416, it was found necessary to make all the
doors of the palace both higher and wider, to ad-
mit the liead-dresses of the queen and lier ladies f.
To support the breadth of these dresses, they had
a kind of artificial horn on each side of the head,
bending upwards, on which many folds of ribbons
and other ornaments were suspended. From the
top of the horn on the right side, a streamei', of
silk or some other light fabric, was hung, wliich
was sometimes allowed tolly loose, and sometimes
brought over the bosom, and wrapt about the left
arml. These head-dresses, by their immense size,
admitted a great variety of ornaments, and there-
by afforded the ladies an opportunity of display-
ing their taste and fancy to advantage.
The extravatjance of both sexes, and of all Sumptuary
ranks, in their di'ess, hath been a subject of com-
plaint in every age, and in none more than in
our present period. The parliament of England
attempted to set bounds to that extravagance,
by several sumptuary laws, particularly by two
acts in the reign of Edward IV. § But vanity
^is invincible; and these and other acts of that
• See vol. 8. p. 102. J. Rossi Hist. p. 205.
f Villarct, torn. If?, p. 423. ; Monstrelet, f. .'59. tol. 2. ; Pasquior^
p. .57R.
\ See Strutt, vol. 2. plate 6»
§ Statutes, Sd and 92d Edw. IV.
312 HISTORY OF BlUTIAN. Book V.
kind, served only to give a different turn to ex-
travagance.
I n Scot- \Y hen we reflect on th e unhappy circumstances
land. . .
of the people of Scotland in this period, we might
imagine that there could be no need of sump-
tuary laws in that kingdom, lint that was not
the case. In the reign of James II. the follow-
ing curious law was made A. D. 1457 : " That
" sen the realme in ilk estate is gretumly purit
" throw sumptuous cleithing, baith of men and
" women, and in special within buiTowis, the
" lords thinkis speedful, that restriction be maid
" thairof, in this manner : That no man within
*' burgh that lives be merchandice, bot gif he be
" a persoun constitute in dignitie, as alderman,
" baillie, or uther gude worthy men, that are of
" the counsal of the towne, and thair w}^fis, wair
" claiths of silk, nor costly scarlettis in gownis,
" or furrings with mertrikis. And that they
*' mak thair wyfis and dotchters, m like man-
" ner, be abilzeet ganand and corespondand for
" thair estate ; that is to say, on thair heidis
" schort courchis with lytil hudis, as are usit in
" Flanders, Ingland, and other countreis. And
" as to their gownis, that na wemen weir mer-
" trikis, nor letties, taihs unfitten lenth, nor
" furrit under, bot on the haly day*." This law
was evidently dictated by the pride of the great
lords to check the vanity of the burghers, their
wives and daughters, who presumed to dress
like lords and ladies.
* Acts James II., ch. 7S.
Chap. 7. MANNERS, &c. 31 3
The diet of the people of England in general, Diet,
in this period (if we may believe Sir John For-
tesciie,) was neither coarse nor scanty. " They
" drink (says he) no water, except when they
" abstain from other di'inks, by way of penance,
" and from a principle of devotion. They eat
" plentifully of all kinds of fish and flesh, with
" which their comitry abounds*." This was
probably intended for a description of the man-
ner in which persons in good circumstances, in
the richest parts of the kingdom, lived in years
of plenty. It is also necessary to remark, that it
was the chief design of this patriotic writer, to
convince his royal pupil. Prince Edward, that the
subjects of a limited monarch were much happier
than the slaves of an absolute sovereign. AViththis
view, he painted botli the plenty and prosperity
of the English, and the poverty and misery of the
French, in the strongest colours. " The com-
" mons in France (says he) be so impoverished
" and destroyyd, that they may unith lyve.
" Thay drynke water, thay eate apples, with
" bred right brown, made of rye. Ill ay eate no
" flesche, but if it be selden, a littill larde, or of
" the intrails or hcds of bests sclayne for the
" nobles and merchaunts of the landf." But
thoughit was true, tliat P^nglandhad sufl'eredless
than France by the ravages of war and tlie ex-
actions of government, and that the English in
general lived better than tlie French, there is suffi-
* Forttsqiic dc Laiidibus Legum Aiijr''^- cap- •'"'•
I Fortescue on absolute and limited Mouarcliy, chap. S.
314 HISTORY OF BRITAIN. Book. V.'
cient evidence that the labourers and common
people, especially in the north of England, did
not possess that plenty andvariety of provisions
mentioned by Sir John Fortescue. il'^neas Sil-
vius, afterwards Pope Pius II., assures us, that
none of the inhabitants of a populous village in
Northumberland, in which he lodged, A. D.
1437, had ever seen either wine oi* wheat-bread ;
and that they expressed great surprise when they
saw them on his table*. In the years of scarci-
ty, which were too frequent, the common peo-
ple were involved in great distress, and not a
few of them died of hunger, or of diseases con-
tracted b)^ the use of unwholesome foodf .
Luxury of Themonks in rich monasteries lived morefully^
monks. *'
and even more delicately, than almost any other
order of men in the kingdom. The office of
chief cook w^as one of the great offices in these
monasteries, and was conferred with great im-
partiality, on that brother who had studied the
art of cookery with most success. The historian
of Groyland abbey speaks highly in praise of
brother Laurence Chateres, the cook of that
monastery ; who, prompted by the love of God,
and zeal for religion, had given forty pounds
(equivalent to 4001. at present) " for the recrea-
" tion of the convent with the milk of almonds
*' on fish-days." He gives us also a long and
very particular statute that was made for the
• Opera Pii Socundi, p. 5.
f Hist. Croylnnd, p, 518. Seep. 174, of tbi« volume.
Chap. r. MANNERS, &c. 315
equitable distribution of this abnond-milk, with
the finest bread and best honey *.
The secular clergy were no enemies to the of the
pleasures of the table; and some of them contriv- clergy.
ed to convert gluttony and drunkenness into reli-
gious ceremonies, by the celebration of glutton-
masses, as they very properly called them. These
glutton-masses were celebrated five times a-year,
in honour of the A^irgin INIary, in this manner :
Early in the morning, the people of the parish
assembled in the church, loaded with ample stores
of meats and drinks of all kinds. As soon as mass
ended, the feast began, in which the clergy and
laity engaged with equal ardour. The church
was turned into a tavern, and became a scene
of excessive riot and intemperance. The priests
and people of different parishes entered into
formal contests, which of them should have the
greatest glutton-mass, /. e. which of them should
devour the greatest quantities of meat anddi'ink,
in honour of the Holy Virgin f.
The English noblemen and gentlemen who Scotland.
accompanied James I. and his Queen into Scot-
land, A. D. 1424, introduced, it is said, a more
luxurious way of living into that kingdom than
had formerly been known ; which gave great of-
fence to such of the nobility as admired the tem-
perance and frugality of their ancestors. Henry
Wardlaw, Eisliop of St Andrew's, (if we may
believe Hector I^oyce) made a long and elo-
• Hist. Croyland, p. <97,498.
f Willtin. Concilia, tom. 3. p. S89.
316 HISTORY OF BRITAIN. Book V.
qiient liarangue to the King in a parliament
at Perth, A. D. 1433, against that new and
extravagant mode of living introduced by the
English ; and in consequence of that harangue
an act of parliament was made, regulating
the manner in which persons of all orders
should live, and in particular, prohibiting the
use of pies and other baked meats (then first
known in Scotland) to all vuider the rank of
barons*.
Manner of It was now bccome the custom in great fa-
livin
i^ m
great fa- milics, to havc four meals a-day, viz. break-
Diilies. J? i T IT- 1 • T
lasts, dmners, suppers, and liveries, which was
a kind of collation in their bed-chambers, im-
mediately before they went to rest. As our
ancestors in this period were still early risers,
they breakfasted at seven, and dined at ten
o'clock forenoon, supped at four afternoon, and
had their liveries between eight and nine ; soon
after which they went to bed. But though
they breakfasted thus early, their appetites seem
to have been sufficiently keenf . The breakfast
of an earl and his countess, on Sundays, Tues-
days, Thursdays, and Saturdays, in the holy fast
of Lent, was, " first a loaf of bread in trenchors,
" two manchetts^, a quart of beer, a quart of
" wine, two pieces of salt fish, six baconed
" herrings, four white herrings, or a dish of
* H. Boeth.,lib. 17. f. 350.
f Northumberland Family-book, c. 41. and notes on p. 310.
i A mancfact was a small loaf of the fintit bread, weight 6 ounces.
Chap. 7. MANNERS, &c. 317
" sproits*." This, for two persons, at seven
o'clock in the morning, was a tolerable allowance
for a day of fasting. Their suppers on these days
were equally plentiful. Their breakfast on flesh-
days was, " first a loaf of bread in trenchors, two
" manchetts, a quart of beer, a quart of wine,
" half a cheyne of mutton, or a cheyne of beef
" boiledf ." The liveries, or evening collations, for
the lord and lady were, " first two manchetts, a
" loaf of household bread, a gallon of beer, and
" a quart of wine:}:." The wine was warmed, and
mixed with spiceries. No rule was fixed for din-
ners, as these were the principal meals, at which
they entertained their company. It is remark-
able, that shopkeepers, mechanics, and labourers
breakfasted at eight in the morning, dined at
noon, and supped at six in the evening ; which *
were later hours than those of the nobility. So
different are the customs of one age from those
of another.
The hospitality of the gTeat and opulent ba- Entertain-
rons of this period hath been already mention-
ed^. These barons not only kept numerous house-
holds, but they frequently entertained still great-
er numbers of then- retainers, friends, and vassals.
These entertainments were conducted with much
formal pomp and stateliness, but not with equal
delicacy and cleanliness. The lord of the man-
sion sat in state, in his great chamber, at the head
of his long clumsy oaken board ; and his guests
• Nortlinmhnlaiid Family-hook, p. 1?.. f I<1. P- "•5-
} 1.1. p. 96. § See p, 287. 2g8.
3X8 HISTORY OF BRITAIN. Book V.
were seated on each side, on long liard benches
or forms, exactly according to their stations; and
happy Avas the man whose rank entitled him to
be placed above the great family silver-salt in
the middle. The table was loaded with capa-
cious pewter dishes, filled with salted beef, mut-
ton, and butcher-meat of all kinds ; with veni-
son, poultry, sea-fowls, wild-fo^vls, game, fish,
kc. &c. di'essed in different ways, according to
the fashion of the times, The sideboards were
plentifully futnished with ale, beer, and wines,
which were handed to the company, when called
for, in pewter and wooden cups, by the mare-
sclials, grooms, yeomen, and waiters of the cham-
ber, ranged in regular order. But with all this
pomp and plenty, there was little elegance. The
guests were all obliged to use their fingers hi-
stead of forks, as these most simple and useful
instruments, which contribute so much to clean-
liness, were not yet invented*. They sat down
to table at ten o'clock in the forenoon, and did
not rise from it till one in the afternoon ; by
which three of the best hours of the day were
consimied in gormandizing f.
Great The feasts at coronations and ro}^al marriages
and at the installation of great prelates, were ex-
ceedingly splendid in this period ; and at these
feasts prodigious multitudes were entertained.
The marriage feast of Henry IV. and his Queen
Jane of Navarre, consisted of six courses ; three,
* Coryat's Crudities, p. 90, 91 .
f Norlhum. Book, p. SIO. 31'4.
Chap. 7. MANNERS, &c. gjg
of flesh and fowls, and three of fish. All these
courses were accompanied and adorned ^vith sut-
tleties, as they were called. These suttleties were
figures in pastry, of men, women, beasts, birds,
&c. placed on the table to be achnired, but not
touched. Each figure had a label atlixed to it ;
containing some wise or witty saying, suited to
the occasion of the feast, whicli was the reason
they were called suttlcties^K Hie installation-
feast of George Xeville, Archbishop of York,
and Chancellor of England, exceeded all others
in splendour and expence, and in the number
and quality of the guests. The reader may form
some idea of this enormous feast, by perusing
the catalogue of tlie provisions prepared for it,
which he will find in the Appendix, Xo. \'^I.
Few tliini^s are more permanent, and less lia- O'^'ersions
ble to change, tlian national diversions. The
sports of the field have been the favourite diver-
sions of persons of rank and fortune through
many successive ages ; and in the short intervals
of peace between one war and another, were
pursued with as much ardour in this as in any
other period f. For more than five centuries
after the Korman conquest, princes, nobles.
• See Strutt, vol 2. p. 101 — 104.
.}■ Every baron in Scotland was obliged l)y law to Iiiint the «olf four
times a-year, attended Ijy ail his tenants, in the proper season; and
every siieriir, witli all the barons and freeholders of his county, were
obliged to have three great wolf huntings in the year. But this was
from necessity, and not merely for amusement, as that country «a« still
infested by these destructive animals, lilack Acts, Junies I. ch. 115 i
James II. ch. 98.
320 HISTORY OF BRITAIN. Book V.
knights, and esquires, di.splayed tlieir courage,
strength, and dexterity, in horsemanship and the
use of arms, in splendid tilts and tournaments,
for the entertainment of the great and the fair ;
while the common people diverted themselves
with the humbler feats of boxing, wrestling,
leaping, rimning, &c. &c. Our Saxon ancestors,
in the woods and wilds of Germany, were as
desperate adventurers at games of chance, as the
most thoughtless and fearless of their posterity
in the present times ; and we meet with com-
plaints of the prevalence of this pernicious hu-
mour in every intervening age* JMiracles,
mysteries, and moralities (which have been al-
ready described,) continued, with very little va-
riation, to be the only representations that re-
sembled theatrical entertainments for several
centuries, in the middle ages, and were so in
the present period f. The foot-ball was, in those
times, a favourite diversion of the common peo-
ple ; and the hand-ball of persons of rank and
fortune, who played with it on horseback as well
as on foot,- for great sums of money:]:. There
was never wanting in the middle ages, a great
number of jugglers, minstrels, mimics, mum-
mers, tumblers, rope-dancers, and other artists,
who supported themselves by diverting others ;
and they seem to have been no contempt-
* See vol. 2. p. S73; Vol. 4. p. 403 ; vol. 6. p. 376.
f Pasquier, p. 382.
i St Foix Essais sur Paris, torn. 1. p. 342.
Chap. 7= MANNERS, &c. 30I
ible performers iw tlieir several arts*. In a worclj
the amusements of persons of all ranks, for more
than five centuries after the conquest, Avere so
much the same, that it is unnecessary to give
a minute detail of them in every period ; and
it will be sufficient to describe, in their proper
places, such new amusements as have been in-
troduced from time to time.
Such was the martial spirit that reigned in our certain
-IT 11-1 /»iiT games pi'o=
present period, that the legislators 01 both the hibitcd.
British kingdoms attempted to compel the peo-
ple to relinquish their most favourite pastimes,
and to spend all their leisure hours in archery.
With this view, the following law was made
in Scotland, A. D. 1424. : " It is statute, and
" the King forbiddis, that na man play at the
" fute-ball, under the pane of 40 shillings, als
" oft as he be taintit : And that all men busk
*' thame to be archaris fra thaybe twelve years
" of age ; and that ilk ten pundis worth of
" land, thair be maid bowmarkis, and specially
" near paroche-kirkis, whair, upone hahe days,
** men may cum, and at the leist schute thryse
" about, and have usage of archery f." With
the same view, a law was made in England
to the following purport — " Tlioiigh, by the
" laws of this land, no man shall play at unlaws
•* ful games, as coits, foot-ball, and tlie like
* In I\fr Strutt's work, vol. 2. plate G. wc see the figure of a bag-
piper, with a man on his sliouklers, dancing to liis music, and the figure?
of another artist standing on one foot, and balancing a spear on bi»
noKC.
t Black Afti, Jarne* I. c. 19, 20.
VOL. X. Y
322 HISTORY OF BRITAIN. Book V.
" games, but that every able-bodied man shall
" daily practise archery, because the defence of
" the kingdom depends on archers; yet notAvith-
" standing these laws, many evil-disposed per-
" sons, of all ranks, play at those and at other
" newly -invented games, called cloish, kayles,
" half-boul, handin-handout, and quickeborde."
The act then proceeds to paint, in very strong
colours, the fatal effects of playing at these games,
and to prohibit the use of them under very se-
vere penalties*. How unhappy were those timesj
in which such laws were expedient, or rather
necessary !
Cwd-piay. Though card-playiug is not named among the
new games in the above act of parhament, it was
certainly introduced into Britain in the course of
this period. Playing-cards were made, and pro-
bably invented about the end of the fourteenth
or beginning of the fifteenth century, by Jaque-
min Gringonneur, a painter in Paris. They were
invented, it is said, for the amusement of that
unhappy Prince, Charles VI., in his lucid inter-
vals. That they were made for, and used by that
Prince, is evident, from the following article in
his treasurer's accounts: " Paid fifty-six shil-
lings of Paris, to Jaquemin Gringonneur the
painter, for three packs of cards gilded with
gold, and painted with diverse colours and di-
verse devices, to be carried to the King for his
amusement f." From the above article we per-
* Statutes, 17 th Ed. IV. c. 3.
f Mr Saintfoix Essais sur Paris, foto. 1. p. 341.
a
Chap. 7. MANNERS, &c. 323
ceive, that playing-cards -were originally very
different in their appearance and their price from
what they are at present. They were gilded,
and the figures were painted or illuminated,
which required no little skill and genius, as well
as labour. The price of one pack of these cards
was no less than 18s. 8d. of Paris, a very consi-
derable sum in those times. The last circum-
stance is probably one reason that playing-cards
were little known or used for a good many years
after they were invented. Though I have met
with several complaints of the too great preva^
lence of dice-playing, I have with none with
regard to card-playing, in the wi'iters of those
times. By degrees, however, cards became
cheaper, and the use of them more common :
and we have the evidence of an act of parlia-
ment, that both card-playing and card-making
were known and practised in England before the
end of this period. On an appHcation of the
card-makers of London to parliament, A. D.
1463, an act was made against the importation
of playing-cards*. But if the progress of card-
playing was slow at first, it hath since become
sufficiently rapid and extensive, to the cost of
many unfortunate gamesters, and the loss of
many others, who spend too much of their time
in that infatuating amusement.
* Statutes, 3d Edw. IV. c. 4.
APPENDIX
TO THK
FIFTH BOOK.
NUMBER I.
Example of the Bombast, being part of Thomas
de Elmham's description of the battle of A gin-
court.
O ! letale helium, dira strages, clades mortalis, fames
mortis, sitis cruroris insaciabilis, furibundus impetus,
furor impetuosus, insania vehemens, crudelis conflictus,
inmisericors ulcio, lancearum fraijor immensus, sagittaruin
garritus, securium concussus, ensium vibi'acio, armorum
dirupcio, vulnerum impressio, efFusio sanguinis, induccio
mortis, corporum dissolucio, nobilium occisio, aer frago-
ribus horrendis tonitruat, nubes missilia impluunt, tellus
cruorem absorbet, spiritus a corporibus evolant, semi viva
corpora proprio sanguine volutant, cadaveribus occisorum
terrae superficies operitur. Iste invadit, ille cadit iste
aggreditur, ille moritur, iste animum revocat, ille animani
cum cruore simul eructat, occisor irascitur, occisus moe-
rore conteritur, victus reddi desiderat, victorum impetus
reddicionis tempora non exspectat, saevicia regnat, pietas
exulat, fortes et strenui opprimuntur et montes cadaverum
cumulantur, multitudo maxima traditur morti, principes
et magnates ducuntur captivi, &c. &c.
ArPKNDIX.
NUMBER II.
Carta ordinaii Rohertum Dominum Boyd Gu-
beniatorem Ilegni et Persone Regis.
Jacobus Dei gratia Rex Scotorum omnibus probis
hominibus suis ad quos presentes litere pervenerint salu-
tem. Quia nos in parliamento nostro ultimo tent apud
Edinburgh mentem nostram coram tribus regni nostri
statibus declaravimus quod quamplurimum nobis placuit
ut consanguineus noster Robertus Dominus Boide guber-
nationem et regimen nostre persone et tratrum nostrorum
et fortaliciorum tanquam unus ne intimis nostris consuii-
bus babeat in nostre auctoritatis regie et justicie executione
usque ad nostram etatem legitinjam viginti unius annorum.
Ea propter dictum Robertum Dominum Boid consangui-
neum nostrum ex concensu et deliberatione ceterorum
dominorum nostri concilii gubernatorem nostre persone
ac fratrura nostrorum et fortaliciorum usque ad nostram
etatem predictam confecimus et ordinavimus ac ut pre-
mittitur constitimus et ordinamus per presentes strictius
inhiben ne quis in contrarium presentis nostre ordinationis
aliquatenus devenire presumat sub omni pena quam erga
nostram regiara incurrere potent majestatem in hac parte.
Dat sub magno sigillo nostro apud Striveling vicesimo
quinto die mensis Octobris anno Domini millesimo qua-
dringentesimo sexagesimo sexto et regni nostri septimc-
Faithfully copied from the records of the great seaL
APPENDIX,
327
NUMBER III.
Pacification of Blackness.
1 HiR ar the articles uppone ye quhilk or soverain lord
sail gif commissioun under his gret sele to ye lordis under
written. Yat is to say ye bischop ot" Aberden chancellar
the erlis of Huntlie Erole Merschiale lord Glammys &
Alexander Lindesay to comon conclude & end with yir
lordis follow and Yat is to say ye bischop of Giasgw ye
erlis of Angus Ergile lord Halis lord Lile the quhilkis
lordis sail haffe full commissioun of my lord prince & of
all the lordis being with him.
In the first to comone and conclude yat ye kingis hie
honor estate riale autorite be exaltit conservit & borne up
at he may exhers justice universally to all his liegis in all
ye pertis of his realm.
Item^ At his maist noble persone be at all tymes in ho-
nor securitie & fredome & at yar be prclatis erlis lordis &
baronis & utheris persons of wisdome prudence and of gud
disposition & unsuspect to his hienes & evinly to ail his
liegis dayly about his nobil persoun to the gud giding of
his realme and lieges.
Item^ Yat all ye persons being about my lord prince yt
has in tym bygane done displessr to his hienes mak hono-
rabiie & agreabile amendis to his hienes be ye wisdome
and discretione of the said lordis yar liffis heretage & ho-
nouris except.
Item^ Yat ye kingis hienes sail giff honorabill sustenta-
tioun & levin to my lord prince his sone at ye considera-
tione of ye saidis lordis.
Item, At wiss lordis & honourabill persons of wisdome
and discretioun evinly & of gud dispositioun sal be dayly
a^& APPENDIX.
about my lord prince for'tlie giid governance of him and
securite of his person in his tender age.
Item^ To aviss conione & conckide how my lord prince
sail in all times to cum be obedient to his f aider ye king
& how yt i'aiderly luff and tendernes sail at all tymis be
had be twex yame.
Item, How ye lordis and uyir persons being about my
lord prince sail haf or soverane lordis favoris & grace &
hertly forgevinnys & yar persons to be in securite as best
can be divisit by ye said lordis for ony displessr done to
ye kingis hienes in ony tym bygane.
Itcrn^ At my lord prince sail tak in hertile favoris all
lordis spiritual and temporale & all uyris persons yat has
ben with the kingis hienes ui consale or uyir service now
in vis tyme of trouble.
Item, At al discentious and discordis now standard or
beand be tuex ony lordis or gret baronis of baith ye pertis
sal be drawin be ye wisdome of ye said lordis to unite
concord sa yt luff & favour may stand ymangis oure sove-
rane lordis liegis and peax to be had & justice to proceed
& spealy be tuix ye erle of Buchain and lord Lile &c.
The foresaid pacification was presented in the first par-
liament of King James IV. and bears to be signed by the
King's own hand.
Extracted from the registers of Parliament.
APPENDIX.
329
NUMBER IV.
List of the INIembers who were present the first
day in the Parhament of Scotland, which met
June 1. A. D. 1478 ; being the first list of the
kind that occurs in the records of Parliament.
Episcopi.
Glasguen
Baron is.
Dominus Hammiltoun
Commissarii
hurgorum.
Edinburgh
Dunkelden
Dns Erskyn
Aberdeen
Aberdonen
Dns Abernethy
Perth
Moravien
Dns Kilraawaris
Strivelyne
Candida case
Dns Maxmale
Linlithgow
Dns Halibertoun
Hadington
Dns Carlisle
Aire
Ablates et Prelati.
Dns Lindesay de Byris
Ruyerglen
Dns Lyle
Irwyn
Dumfermlvn
Dns Oliphant
Berwick
Kelso
Dns Cathkert
Dumbretane
Melross
Dns Sommervile
Carrale
Sti Columbe
Preceptor de Torfeclun
Coupir
Kihvynyng
Will. Edmundiston
Santandris
Secretarius
Dns Stobhall
Clericus registri
Dns de Bass
Dns de Scraling
Officl Glasguen
Dns Craigmillar
OfficI Dunkelden
Dns de Dundass
Officl Laudonie
Dns de Kerss
Dns Robertus Hammil-
toun
Comct-Angusie
Johes Haldcn do GIo-
Comes de Rothes iitgass
Dns Flcnnnjr
330
APPENDIX.
The three committees chosen thcjirst day of every Parliament,,
Ad Causas.
Pro Prelatis,
Ninianus Epiis Candide case
Mag. Will. Elphinstoun officialis Laudonie
Mag. David Meldrum offic. Dunkelden
Pro Baronibus.
Robertas dominus Lyle
Johes Drummond de Stobhall
Willielmus Prestoim de Craigmillar
Pro Covimissariis.
James of Creichton propositus de Edinburgh
Alexander Foulis
Johannes Knollis
Ad Decissionem Judicii, Pro Articulis Advisandis.
Abbas de Calco Epi. Glasguen S-^
Archi.nus Glasguen Rerik Aberdonen
Thesaura."s Glasguen Carmichell Movavien
Pto Baronibus. Cancellarius
Dns Abernetby Comes Angusie
Dns de Skraling Dns Hammilton
AVillms Edmondistoii Henricus Caunt
Pro Covimissariis. Patricias Baroun
Johannes Multrar Williemus Monor-'-
Alexander Buuche gund *
Matheus Forester
Very few of th.e prelates or great barons attended thisji
parliament, owing to their discontent, and the distracted
state of the country, occasioned by the the death of the
Earl of Mar, and the imprisonment of the Duke of Albanvy
the king's brother.
• Extracted from the records of Parliament,
APPENDIX.
331
NUMBER V.
Letter of Remission by Patrick Graham, Arch-
bishop of St Andrew's, to John Martin, citizen
there.
W E Patrick, by the mercy of God, archbishop of St
Andrew's, lord of regality thereof, for divers and sundry
reasonable considerations moving us thereto, have re-
mitted, discharged, and freely forgiven our lovite John
Martine, citizen of our city of St Andrew's, and by the
tenor hereof remits, discharges, and freely forgives him,
in our sovereign lord's name and authority, and ours, for
the transporting forth of the realm, and carrying away,
by himself, or others in his name, at sundry times, tal-
low, molten taugh, or other forbidden goods, geer, or
merchandize, contrary to the tenor of the acts of parlia-
ment, laws and constitutions of this realm, and also for
all other crimes or faults done, committed, assisted to, or
fortifyed by him in any time bygone, albeit the same be
greater than the said special crime or fault above express-
ed ; anent the quhilk we dispense with him, and grants him
full free, aud plain remission for the same ; and that he
shall never be attacht, called, adjourned, !^umnloned, nor
accused therefor, nor yet troubled and molested for the
same, in his person, goods, nor geer, any manner of way
but to be as free thereof as if the samen had never been
committed by him ; and thir letters of remit to be extend-
ed in maist ample form, so oft as need beis.
N. B. This remit is signed by theardibishop. and h:Ui>
part of his seal yet to be seen upon it.
33,2
APPENDIX-
NUMBER VI.
The Goodly Provision made for the installation-
feast of George Neville, Archbishop of York,
A. D. 1466.
In wheat, quarters,
In ale, tuns,
300
300
In wine, tuns.
100
In ipocrasse, pipes.
In oxen.
1
104
In wild bulls.
6
In muttons,
1000
In veals.
304,
In porkes,
In swanns.
304?
400
In geese.
In cappons,
In piggs.
In plovers.
2000
1000
2000
400
In quailes,
1200
In fowles called rees,
2400
In peacocks,
104
In mallards and teales,
4000
In cranes,
204
In kidds,
204
In chickens.
2000
In pigeons.
In Connies,
2000
4000
In bitters.
204
In heronshaws,
400
In phesants,
200
In pertridges,
500
APPENDIX.
In woodcocks,
400
In curliews,
100
In egrits,
1000
In staggs, bucks, and roes,
500 and more
In pasties of venison cold,
4000
In parted dishes of jellies.
1000
In plain dishes of jellies,
3000
In cold tearts, baked,
4000
In cold custards, baked.
SOOO
In hot pasties of venison,
1500
In hot custards.
2000
In pikes and breams.
308
In porpoises and seals,
12
283
Spices, sugared delicates, and wafers plenty.
This curious bill of fare will give the reader some idea
of this enormous feast. No turkies are mentioned in it,
because they were not then known in England. Cranes,
heronshaws, porpoises, and seals, are seldom seen at
modern entertainment*.
END OF TUB TKNTIf VOLUME.
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