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Nowe consider semblably what noble statutes, ordinances, and actis of counsaile from time to time haue bene excogitate, and by graue studie and mature consultation enacted and decreed, as wel for the due punisshement of the saide idle
the same that where before this time a ship of 800 tons might have easily entered at low water, now a ship of 100 tons can scantly enter at the half food, to the decay and utter destruction of the said havens and ports, and also to the ruin and utter undoing of all the good towns within the said Counties of Devonshire and Cornwall.' Thus from one end of the kingdom to the other we hear complaints raised of the decay of towns, arising from various causes, but not because one of their purposes (i.e. the protection afforded by their fortifications) was no longer required' nor yet because the country had become secure.' The true reason of the decay must be sought for in those natural or accidental causes mentioned above ; but in addition there was another potent engine in operation to effect the same purpose, viz. the gradual absorption of the land by wealthy proprietors, who carved out large estates for themselves, and, turning the arable land into pasture, not only deprived hus. bandmen of their occupation, but enhanced the prices of all commodities. The preamble of 25 Hen. VIII. cap. 13, alleges that divers and sundry of the King's subjects to whom God of his goodness hath disposed great plenty and abundance of movable substance, now of late within few years have daily studied, practised, and invented ways and means how they might accumulate and gather together into few hands as well great multitude of farms as great plenty of cattle, and in espe. cial sheep, putting such lands as they can get to pasture and not to tillage, whereby they have not only pulled down churches and towns and enhanced the old rates of the rents of the possessions of this Realin, or else brought it to such excessive fines that no poor man is able to meddle with it, but also have raised and enhanced the prices of all manner of corn, cattle, wool, pigs, geese, hens, chickens, eggs, and such other, almost double above the prices which hath been accustomed ; by reason wherof a marvellous multitude and number of the people of this Realm be not able to provide meat, drink, and clothes necessary for themselves, their wives, and children, but be so discouraged with misery and poverty that they fall daily to theft, robbery, and other inconvenience, or pitifully die for hunger and cold.' Here then we have independent evidence of the best kind to the truth of that which Sir Thomas Elyot declares to be a description of daily experience,' viz. that an infinite number of men and women were at this time wandering in all places throughout this realm 'as beasts, brute and savage, abandoning all occupation, service, and honesty.' But in the face of these facts it is difficult to accept Mr. Froude's unqualified assertion that 'the working classes in this country remained in a condition more than prosperous,' and that they enjoyed an abundance far beyond what in general falls to the lot of that order in long-settled countries.' Still less that 'in such frank style the people lived, hating three things with all their hearts--idleness, want, and cowardice-and for the rest carrying their hearts high, and having their hands full.'
persones and vacabundes, as also for the suppression of unlaufull games and reducinge apparaile to conuenient moderation and temperance. Howe many proclamations therof haue ben diuulgate and nat obayed? Howe many commissions directed and nat executed ? (Marke well here, that disobedient subiectes and negligent gouernours do frustrate good lawes.) A man. herynge that his neighbour is slayne or robbed, furthe with hateth the offendour and abhorrethe his enormitie, thinkynge hym worthy to be punisshed accordyng to the lawes; yet whan he beholdeth the transgressour, a scmely personage, also to be his seruant, acquaintance, or a gentilman
, borne, (I omitte nowe to speke of any other corruption), he furthe with chaungeth his opinion, and preferreth the offendours condition or personage before the example of iustice, condempnyng a good and necessary lawe, for to excuse an offence pernicious and damnable; ye and this is nat only done by the vulgare or commune people, but moche rather by them whiche haue autoritie to them committed concernyng the effectuell execution of lawes. They beholde at their eie the continuell
• This disobedience grew to such a pitch that in 1539 an Act was passed to enable the Royal Proclamations to have the same force and effect as Acts of Parliament. The preamble of the statute 31 Hen. VIII. cap. 8, recites that the King for divers considerations by the advise of his Council hath heretofore set forth divers and sundry his Grace's Proclamations as well for and concerning divers and sundry articles of Christ's religion, as for an unity and concord to be had amongst his loving and obedient subjects, and also concerning the advancement of the common wealth and good quiet of his people, which, nevertheless, divers and many froward, wilful, and obstinate persons have wilfully contemned and broken, not considering what a King by his royal power may do, and for lack of a direct statute and law, to compell offenders to obey the said Proclamations which, being still suffred, should not only encourage offenders to the disobedience of the precepts and laws of Almighty God, but also sin too much, to the great dishonour of the King's most royal Majesty, who may full ill bear it, and also give too great heart and boldness to all malefactors and offenders.' It was therefore enacted that the King, with the advice of his Council, might set forth Proclamations with pains and penalties which were to be obeyed as if made by Act of Parliament.
Mr. Froude describes the measures taken by Rowland Lee, Bishop of Lichfield and Coventry, who held the office of Lord Warden of the Welsh Marches, to cope with the lawlessness of the district committed to his charge, and contrasts with his vigorous policy the laxity of the magistrates in the south west parts of
encrease of vacabundes in to infinite nombres, the obstinate resistence of them that dailye do transgresse the lawes made againe games and apparaile, which be the streight pathes to robry and semblable mischiefe ; yet if any one commissioner, meued with zele to his countray, accordyng to his duetie do execute duely and frequently the lawe or good ordinaunce, wherein is any sharpe punisshement, some of his companyons therat reboyleth,a infamynge hym to be a man without cha
England. 'Although order could be enforced where an active resolute man had been chosen to supersede the inefficiency of the local authorities, in other parts of England, in Hampshire, Wiltshire, Somersetshire, Devonshire, and Cornwall especially, there was no slight necessity still remaining for discipline of a similar kind; the inagistrates had been exhorted again and again in royal proclamations to discharge their duty more efficiently.' And he gives at length from an unpublished MS, in the Rolls House a circular addressed by royal command to the justices of the peace, in which occurs the following passage, fully bearing out Sir T. Elyot's observations in the text, and in the composition of which indeed it is not impossible that he may have assisted. “You shall have special regard that all sturdy vagabonds and valiant beggars may be punished according to the statute made for that purpose.
Your default in the execution whereof, proceeding upon an inconsiderate pity to one evil person, without respect to the great multitude that live in honest and lawful sort, hath bred no small inconvenience in our commonwealth. An l you shall also have special regard that no man be suffered to use any unlawful games, but that every man may be encouraged to use the long bow, as the law requireth. Furthermore, our pleasure and most dread commandment is, that all respects set apart, you shall bend yourselves to the advancement of even justice between party and party, both that our good subjects may have the benefit of our laws sincerely administered unto them, and that evil-doers may be punished as the same doth prescribe and limit. To which points, if you shall upon this monition and advertisement give such diligent regard as you may satisfy your duty in the same, leaving and eschewing from henceforth all disguised corruption, we shall be content the more easily to put in oblivion all your former remissness and negligence.' -Hist. of Eng. vol. iii. pp. 419-422, ed. 1858. Special commissions were issued into various counties, and in one county, Hampshire, Sir Thomas Wriothesley thus explained their object to the assembled gentry. "The king, he told the magistrates, desired most of all things that indifferent justice should be ministered to the poor and rich, which he regretted to say was imperfectly done.'-Ibid. p. 424.
* From the French rebouiller, which again is itself derived from the Low Latin rebullire. Du Cange translates the latter recandescere, redintegrari, per metaphoram.' And he cites a passage from a bull of Pope Clement V. circa 1305, which very well illustrates the metaphorical sense in which it is employed by Sir Thos. Elyot. Nos attendentes, quòd nisi ante prædictum festum ... futuris de prædictâ turbatione periculis occurratur, dissentionum hujusmodi flamma rebulliret.' A substan
ritie, callyng hym secretely a pike thanke,a or ambicious of glorie, and by suche maner of obloquie they seeke mcanes to bringe hym in to the haterede of people. And this may well be called vayne pitie ; wherin is contayned neither iustice nor yet commendable charitie, but rather therby ensueth negligence, contempte, dissobedience, and finally all mischiefe and incurable misery
If this sickenesse had reigned amonge the old Romanes, suppose ye that the astate of their publike weale had sixe
tival form of the word is employed by Sir Henry Wotton, who says, “We are sorry
· Then Craft the Cryer calde a quest,
Flowers, p. 2, ed. 1587. And so dues Daniel in his poem on the Wars of the Roses.
• There he beheld how humbly diligent
The 2nd Book, stanza 57, ed. 1595. An instance of an exactly opposite expression occurs in Hyrde's translation of a work of Ludovicus Vives, published about 1541. “There be some, whiche whan they thynke them selfe they haue done all theyr owne busynes, than without shame they medle with other folkes busines, and gyue counsayle, as though they were great sages, and exhort and giue preceptes, rebuke and correcte, pyke fautes, and be wondrous quycke of syghte from home, and at home blynde inough.' The instruction of a Christen Woman, fo. 138 b. ed. 1541. An analogous phrase is employed by Tyndall in his Practise of Popishe Prelates. "This Pope Clemens calleth the Duke of Guelder the eldest sonne of that holy sea of Rome, for no other vertue nor propertie that any man can know, saue that hee hath bene all his lyse a picke quarell, and a cruell and an unrighteous bloudshedder, as his father that sitteth in that holy sea is.'- Works, P. 349, ed. 1573.
hundred yeres encreased, and two hundred yeres continued in one excellent astate and wonderfull maiestie? a Or thinke ye that the same Romanes mought so haue ordred many great countrayes, with fewer ministers of iustice than be nowe in one shire of Englande? But of that mater, and also of rigour and equalite of punishement, I wyll traicte more amply in a place more propise for that purpose.
And here I conclude to write any more at this tyme of mercy.
The thre principall partes of humanitie. THE nature and condition of man, wherin he is lasse than god almightie, and excellinge nat withstanding all other creatures in erthe, is called humanitie ; whiche is a generall name to those vertues in whome semeth to be a mutuall concorde and loue in the nature of man. And all thoughe there be many of
• The period of eight hundred years thus assigned as the limit of Roman history can only be accounted for on the hypothesis that the author excluded the duration of the kingly period, and reckoned from the foundation of the Republic, or rather from the regifugium, B.C. 508, to the death of Carinus, A.D. 285, and as the Augustan History concludes at the latter point, it seems not unlikely that these were the termini really selected by Sir Thomas Elyot.
• The principal of these being the Lord Lieutenant, Sheriff and DeputySheriff, Coroner, Justices of the Peace, constables, overseers of the poor, surveyors of highways, churchwardens, commissioners of sewers, hundredors, tything men, bailiffs, head-boroughs, cum multis aliis.
• Aulus Gellius mentions the primary and secondary meanings of this word, and from his definition it is easy to trace the significance of the term “Humanities,' applied at a much later period to a special course of study at the Universities. • Qui verba Latina fecerunt, quique his probe usi sunt,“ humanitatem,” non id esse voluerunt quod vulgus existimat, quodque à Græcis pidav pwnia dicitur, et significat dexteritatem quandam benevolentiamque erga omnes homines promiscuam, sed “humanitatem” appellaverunt id propemodum quod Græci raidelav vocant ; nos eruditionem institutionemque in bonas artes dicimus : quas qui sinceriter cupiunt appetuntque, hi sunt vel maxime humanissime: hujus enim scientiæ cura et discip