to pacify and settle those countries: and that done, returned to London, leaving the Earl of Surrey for his lieutenant in the northern parts, and Sir Richard Tunstal for his principal commisioner to levy the subsidy, whereof he did not remit a denier. About the same time that the King lost so good a servant as the Earl of Northumberland, he lost likewise a faithful friend and ally of James the Third King of Scotland by a miserable disaster. For this unfortunate Prince, after a long smother of discontent and hatred of many of his nobility and people, breaking forth at times into seditions and alterations of court, was at last distressed by them, having taken arms and surprised the person of Prince James his son (partly by force, partly by threats that they would otherwise deliver up the kingdom to the King of England) to shadow their rebellion, and to be the titular and painted head of those arms.3 Whereupon the King (finding himself too weak) sought unto King Henry, as also unto the Pope and the King of France, to compose those troubles between him and his subjects. The Kings accordingly interposed their mediations in a round and princely manner, not only by way of request and persuasion, but also by way of protestation and menace, declaring that they thought therefore that the war in Britanny was going on at the same time with this rebellion. Bacon thought that the forces had returned to England two or three months before, and was not aware that Henry had any other important business on his hands at this time. This is another error of date, which came from Polydore Vergil, and was adopted by all our old chroniclers. James III. was killed on the 11th of June, 1488, nearly seven weeks before the battle of St. Aubin; while Henry was endeavouring to mediate between the King of France and the Duke of Brittany, and had so far succeeded as to cause a temporary suspension of hostilities. See note 5. p. 72. It is of some importance to remember the true date; because so great a change in Scotland, fraught with such uncertain consequences, obliged Henry to look well to his borders and strengthen Berwick, and materially affected the state of the question with regard to France. 2 So ed. 1622. The MS. has "the." In this ambiguous and hardly accurate sentence there are no marks of parenthesis either in the MS. or in the edition of 1622; and the MS. has a comma after "threats" and no stop after “ England :" which, if it were right, would suggest a different meaning. But the Latin translation removes the ambiguity, and shows that the punctuation which I have substituted expresses the intended construction. Siquidem arma contra eum sumpserunt, et Jacobi Principis filii sui personam ex improviso intra potestatem suam redegerunt, partim vi partim minis; interminantes, se aliter regnum in manus Regis Angliæ tradituros. Eo autem consilio hoc moliebantur, ut rebellionem suam obvelarent, sicque Princeps titulare et pictum quoddam caput rebellionis fieret. Compare Buchanan, Rer. Scot. Hist. xii. 58. Modo honorifico et qui reges magnos deceret. Tytler, who mentions James's application to France and to Rome (vol. iv. p. 317.), says nothing about Henry. The circumstances here detailed come from Speed (p. 735.); who quotes as his authority John Leslie, Bishop of Rosse. A letter in the Paston correspondence, dated the 13th of May, 1488, mentions "an ambassador from the King of Scots, who is now in great trouble about his son and other lords of his land." Vol. v. p. 369. it to be the common cause of all Kings, if subjects should be suffered to give laws unto their sovereign; and that they would accordingly resent it and revenge it. But the rebels, that had shaken off the greater yoke of obedience, had likewise cast away the lesser tie of respect; and fury prevailing above fear, made answer, that there was no talking of peace except their1 King would resign his crown. Whereupon (treaty of accord taking no place) it came to a battle at Bannocksbourn by Strivelin. In which battle the King transported with wrath and just indignation, inconsiderately fighting and precipitating the charge before his whole numbers came up to him, was, notwithstanding the contrary express and strait commandment of the Prince his son, slain in the pursuit, being fled to a mill situate in the field where the battle was fought. As for the Pope's ambassy, which was sent by Adrian de Castello an Italian legate, (and perhaps as those times were might have prevailed more,) it came too late for the ambassy, but not for the ambassador. For passing through England and being honourably entertained and received of King Henry (who ever applied himself with much respect to the see of Rome), he fell into great grace with the King, and great familiarity and friendship with Morton the Chancellor. Insomuch as the King taking a liking to him, and finding him to his mind, preferred him to the bishoprick of Hereford, and afterwards to that of Bath and Wells, and employed him in many of his affairs of state that had relation to Rome. He was a man of great learning3, wisdom, and dexterity in business. of state; and having not long after ascended to the degree of cardinal, paid the King large tribute of his gratitude in diligent and judicious advertisement of the occurrents of Italy. Nevertheless in the end of his time he was partaker of the conspiracy which cardinal Alphonso Petrucci and some other cardinals had plotted against the life of Pope Leo. And this offence, in itself so hainous, was yet in him aggravated by the motive thereof; which was not malice or discontent, but an aspiring mind to the papacy. And in this height of impiety there 1 So MS. Ed. 1622 has "the." 4 The Latin translation goes further and calls him a great man. fuit Adrianus et multa eruditione, &c. præditus. Et eum rebus suis utilem fore credens. 4 A long letter of this kind from Adrian to Henry, dated 4th June, 1504, is still to be seen in the Cotton collection. (Cleo. iii, fo. 171.). B Ambitione fœda adipiscendi papatum. Laws wanted not an intermixture of levity and folly, for that (as was generally believed) he was animated to expect the papacy by a fatal mockery; the prediction of a sooth-sayer; which was, That one should succeed Pope Leo, whose name should be Adrian, an aged man of mean birth and of great learning and wisdom; by which character and figure he took himself to be described; though it were fulfilled of Adrian the Fleming, son to1 a Dutch brewer, cardinal of Tortosa, and preceptor unto Charles the Fifth; the same that, not changing his christen-name, was afterwards called Adrian the Sixth. 2 4 But these things happened in the year following, which was the fifth of this King. But in the end of the fourth year the King had called again his Parliament 3, not as it seemeth for any particular occasion of state: but the former Parliament being ended somewhat suddenly (in regard of the preparation for Brittaine), the King thought he had not remunerated his people sufficiently with good laws, (which evermore was his retribution for treasure): and finding by the insurrection in the north, there was discontentment abroad in respect of the subsidy, he thought it good for to give his subjects yet further contentment and comfort in that kind. Certainly his times for good commonwealths laws did excel; so as he may justly be celebrated for the best lawgiver to this nation after King Edward the First. For his laws (whoso marks them well) are deep and not vulgar; not made upon the spur of a particular occasion for the present, but out of providence of the future; to make the estate of his people still more and more happy, after the manner of the legislators in ancient and heroical times. First therefore he made a law suitable to his own acts and times. For as himself had in his person and marriage made a final concord in the great suit and title for the crown; so by 1 So MS. Ed. 1622 has "of." 2 Henry's fifth year extended from 22nd August, 1489, to 21st August, 1490. "These things" therefore must mean the favour and preferment of Adrian. 3 Meaning probably the session of October, 1489; and perhaps confounding it with the previous session in the January preceding, of which there is no notice in Polydore or in any of the succeeding chroniclers. That Parliament had been prorogued on the 23rd of February, 1488-9, and met again on the 14th of October following, — the beginning of Henry's fifth year. • Meaning the Parliament which Bacon supposed to have been called in June or July, 1488; and to which he refers the acts passed by the Parliament of November, 1487. Understand it of the session of January, '88-9, and the words are correct enough. 5 So MS. Ed. 1622 omits "for." this law he settled the like peace and quiet in the private possessions of the subjects: ordaining, That Fines thenceforth should be final to conclude all strangers rights2; and that upon fines levied, and solemnly proclaimed, the subject should have his time of watch for five years after his title accrued; which if he forepassed, his right should be bound for ever after; with some exception nevertheless of minors, married women, and such incompetent persons. This statute did in effect but restore an ancient statute of the realm, which was itself also made but in affirmance of the common law. The alteration had been by a statute commonly called the statute of nonclaim3, made in the time of Edward the Third. And surely this law' was a kind of prognostic of the good peace which since his time hath (for the most part) continued in this kingdom until this day. For statutes of non-claim are fit for times of war, when men's heads are troubled, that they cannot intend their estate; but statutes that quiet possessions are fittest for times of peace, to extinguish suits and contentions; which is one of the banes of peace. Another statute was made of singular policy; for the population apparently, and (if it be thoroughly considered) for the soldiery and militar forces of the realm. Inclosures at that time began to be more frequent, whereby arable land (which could not be manured without people and families) was 1 So ed. 1622. The MS. omits "the." 24 H. 7. c. 24., passed in February, 1489-90. See Statutes of the Realm, p. 524. note. Readers that are not learned in the law may perhaps find the Latin easier to understand than the English. Ordinatum est enim ut Fines quos vocant (quod genus est transactionis cujusdam solennis) revera finales essent ad jura non partium tantum sed aliorum omnium extinguenda: ita tamen ut post fines hujusmodi levatos, et solenniter proclamatos, haberet subditus spatium quinque annorum post titulum suum devolutum, ad jus suum recuperandum aut saltem vindicandum; quod si prætermisisset, jure suo in perpetuum excluderetur. The Index Vocabulorum explains what a "fine" is: viz. instrumentum quo hæreditates transferuntur, eamque habet vim ut omnium jura, si intra tempus non agant, extinguat. 3 Lex est quæ sub tempora belli, cum homines juri suo asserendo plerumque non vacarent, lata erat, et vim illam finium destruxit; quæ tamen postea per aliud statutum restituebatur. (Index Vocab.) i. e. this law of Henry VII. Ista lex de finibus levandis. manifesto.. promovens. ... Incrementum populi regni • i. e. cultivated: the word not having yet lost its general meaning. speaks to Eve (Par. Lost, iv. 627.) of "Alleys green Our walk at noon, with branches overgrown, That mock our scant manuring, and require More hands than ours to lop their wanton growth." So Adam turned into pasture, which was easily rid by a few herdsmen ; and tenances for years, lives, and at will, (whereupon much of the yeomanry lived,) were turned into demesnes. This bred a decay of people, and by consequence a decay of towns, churches, tithes, and the like. The King likewise knew full well, and in no wise forgot, that there ensued withal upon this a decay and diminution of subsidies and taxes; for the more gentlemen ever the lower books of subsidies. In remedying of this inconvenience the King's wisdom was admirable; and the Parliament's at that time. Inclosures they would not forbid, for that had been to forbid the improvement of the patrimony of the kingdom2; nor tillage they would not compel; for that was to strive with nature and utility3: but they took a course to take away depopulating inclosures and depopulating pasturage1, and yet not that by name, or by any imperious express prohibition, but by consequence. The ordinance was, That all houses of husbandry, that were used with twenty acres of ground and upwards, should be maintained and kept up for ever; together with a competent proportion of land to be used and occupied with them, and in no wise to be severed from them (as by another statute, made afterwards in his successor's time, was more fully declared): this upon forfeiture to be taken, not by way of popular action, but by seizure of the land itself by the King and lords of the fee, as to half the profits, till the houses and lands were restored. By this means the houses being kept up did of necessity enforce a dweller; and the proportion of land for occupation being kept up, did of necessity enforce that dweller not to be a beggar or cottager, but a man of some substance, that might keep hinds and servants, and set the plough on going. This did wonderfully concern the might and mannerhood' of the kingdom, to have farms as it were of a standard, sufficient to maintain an able body out of penury, and did in effect amortise a great part of 1i.e. lands kept by the lord of the manor in his own hands. sunt feodales, sed in manibus domini. (Ind. Vocab.) 2 i. e. by means of a more productive cultivation. atque inde secuturam patrimonii regni meliorationem. 3 Cum natura ipsa et rebus pugnare. Possessiones quæ non Soli culturam fructuosiorem, i. e. such kinds of enclosures and pasturage as manifestly induced depopulation. Clausuras tantum et pascua quæ depopulationem liquido invehebant. 5 So MS. Ed. 1622 has "not by that name." i. e. that had annexed to them. Quibus fuerint annexa. So both the MS. and the ed. of 1622. I do not remember to have met with the word any where else. The translation gives-Hoc populi numerum miris modis augebat, quin et potentiæ regni militaris intererat. |