the will in any case of felony1 should be made the deed. And yet the reason which the act yieldeth (that is to say, that he that conspireth the death of counsellors may be thought indirectly and by a mean to conspire the death of the King himself) is indifferent to all subjects as well as to servants in court. But it seemeth this sufficed to serve the Lord Chancellor's turn at this time; but yet he lived to need a general law; for that he grew afterwards as odious to the country as he was then to the court.

From the peace of the King's house the King's care extended to the peace of private houses and families; for there was an excellent moral law 2 moulded thus: The taking and carrying away of women forcibly and against their will (except female wards and bondwomen) was made capital: the Parliament wisely and justly conceiving, that the obtaining of women by force into possession 3 (howsoever afterwards assent might follow by allurements) was but a rape drawn forth in length, because the first force drew on all the

rest.

There was made also another law 4 for peace in general, and repressing of murders and manslaughters, and was in amendment of the common laws of the realm; being this: That whereas by the common law the King's suit, in case of homicide, did expect the year and the day, allowed to the party's suit by way of appeal; and that it was found by experience that the

1 i. e. in any case under the degree of treason— - alias quam in criminibus læsæ majestatis.

23 H. 7. c. 3.

3 Abripiendi fœminas per vim in possessionem extraneorum.

4 3 H. 7. c. 2.

5. e. to the wife and heir of the man killed, to prosecute in their own Quod spatium uxori et hæredi occisi datum est ut nomine proprio accusationem peragerent.

name.

party was many times compounded with, and many times wearied with the suit, so that in the end such suit was let fall; and by that time the matter was in a manner forgotten, and thereby prosecution at the King's suit by indictment (which is ever best flagrante crimine) neglected; it was ordained1 that the suit by indictment might be taken as well at any time within the year and the day as after; not prejudicing nevertheless the party's suit.

The King began also then, as well in wisdom as in justice, to pare a little the privilege of clergy; ordaining that clerks convict should be burned in the hand,2 - both because they might taste of some corporal punishment, and that they might carry a brand of infamy. But for this good act's sake, the King himself was after branded by Perkin's proclamation for an execrable breaker of the rites of holy church.

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

3

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

1 So ed. 1622. The MS. has "ordered."

24 H. 7. c. 13. This therefore belongs to the year 1489-90. Bacon perhaps confounded these two sessions; there being no hint in Polydore of a Parliament being called in January, '88-9. "Clerks convict" are clergy convicted of capital crimes. Clerici capitalis criminis convicti. This act was passed at the last meeting of this Parliament, Jan. 25th - Feb. 27th, 1489-90. See Stat. of Realm, p. 524. note.

& Si famulitiis nobilium aut aliorum, nisi domestici essent, se aggregarent. 3 H. 7. c. 15.

2

There were also made good and politic laws that Parliament against usury,' which is the bastard use of money; and against unlawful chievances and exchanges, which is bastard usury; and also for the security of the King's customs; and for the employment of the procedures of foreign commodities, brought in by merchants strangers,3 upon the native commodities of the realm; together with some other laws of less importance.

But howsoever the laws made in that Parliament did bear good and wholesome fruit; yet the subsidy granted at the same time bore a fruit that proved harsh and bitter. All was inned at last into the King's barn; but it was after a storm. For when the commissioners entered into the taxation of the subsidy in Yorkshire and the bishoprick of Durham, the people upon a sudden grew into great mutiny, and said openly that they had endured of late years a thousand miseries, and neither could nor would pay the subsidy. This no doubt proceeded not simply of any present necessity, but much by reason of the old humour of those countries, where the memory of King Richard was so strong, that it lay like lees in the bottom of men's hearts, and if the vessel was but stirred it would come up; and no doubt it was partly also by the instigation of some factious malcontents

13 H. 7. c. 6.

2 Illicita excambia et contractus fictos. 3 H. 7. c. 7.

8 So MS. Ed. 1622 has "merchant strangers." See note 2. p. 100.

4 So MS. Ed. 1622 has "bare." The events which follow were certainly in the spring of 1489. I presume therefore that the tax which caused the combustion was that of the tenth penny upon lands and goods moveable, granted in the Parliament of January, 1488-9, not the two fifteenths and tenths granted in 1487.

that bare principal1 stroke amongst them. Hereupon the commissioners, being somewhat astonished, deferred the matter unto the Earl of Northumberland, who was the principal man of authority in those parts. The Earl forthwith wrote unto the court, signifying to the King plainly enough in what flame he found the people of those countries, and praying the King's direction. The King wrote back peremptorily that he would not have one penny abated of that which had been granted to him by Parliament; both because it might encourage other countries to pray the like release or mitigation; and chiefly because he would never endure that the base multitude should frustrate the authority of the Parliament, wherein their votes and consents were concluded. Upon this dispatch from court, the Earl assembled the principal justices and freeholders of the country; and speaking to them in the imperious language wherein the King had written to him, which needed not (save that an harsh business was unfortunately fallen into the hands of a harsh man), did not only irritate the people, but make them conceive by the stoutness and haughtiness of delivery of the King's errand, that himself was the author or principal persuader of that counsel: whereupon the meaner sort routed together, and suddenly assailing the earl in his house, slew him and divers of his servants; and rested not there, but creating for their leader Sir John Egremond, a factious person, and one that had of a

1 So ed. 1662. The MS. has "principally."

2 So MS. Ed. 1622 has "that."

8 Ex acerbitate verborum ejus quæ tanquam regis ipsius verba retulerat. So ed. 1622. The MS. has "assailed."

5 This, according to Stowe, was on the 28th of April, 1489.

long time borne an ill talent towards the King,1 and being animated also by a base fellow, called John a Chamber, a very boutefeu, who bore much sway amongst the vulgar and populace, entered into open rebellion, and gave out in flat terms that they would go against King Henry and fight with him for the maintenance of their liberties.

When the King was advertised of this new insurrection (being almost a fever that took him every year), after his manner little troubled therewith, he sent Thomas Earl of Surrey (whom he had a little before not only released out of the Tower and pardoned, but also received to especial favour) with a competent power against the rebels, who fought with the principal band of them and defeated them, and took alive John a Chamber their firebrand. As for Sir John Egremond, he fled into Flanders to the Lady Margaret of Burgundy, whose palace was the sanctuary and receptacle of all traitors against the King. John a Chamber was executed at York in great state; for he was hanged upon a gibbet raised a stage higher in the midst of a square gallows, as a traitor paramount; and a number of his men that were his chief complices were hanged upon the lower story round about him; and the rest were generally pardoned. Neither did the King himself omit his custom to be first or second in all his warlike exploits, making good his word which was usual with him when he heard of rebels, (that he desired but to see them). For immediately after he had sent down 1 Regi infensus erat.

2 Ed. 1622 has "popular." In the MS. the word seems to have been originally written "populare; " but the r has apparently been corrected into c. See p. 180. where the same error has been corrected in the same

way.