national laws, though received with high commendation by the professional men to whom it was communicated, was not published till the reign of Henry VIII. Several impressions have since appeared, with different titles. But the best editions are those in folio, Lond. 1732; and 1741, with a copious preface, annotations, and an accurate index,

2. "The difference between an absolute and limited Monarchy, as it more particularly regards the English Constitution; being a Treatise written by Sir John Fortescue, Kt. Lord Chief Justice and Lord High Chancellor of England, under King Henry VI.; faithfully transcribed from the MS. copy in the Bodleian Library, and collated with three other MSS. Published with some Remarks, by John Fortesque Aland, of the Inner Temple, Esq. F. R. S. Lond. 1714, 8vo."

The different effects resulting from an absolute and limited monarchy, which the author stiles Jus Regale and Jus Politicum et Regale, is well illustrated by the difference of condition in the people of France and of England at the period of his writing.

Chap. iii.

And how so be it that the French king reigneth upon his people dominio regali; yet St. Lewis, sometime king there, ne any of his progenitors set never talys, or other impositions upon the people of that land, without the assent of the three estates, which, when they may be assembled, are like to the court of parliament in England. And this order kept many of his successors till late days, that Englishmen made such a war in France, that the three estates durst not come together. And then for that cause, and for great necessity which the French king had of goods, for the defence of that land, he took upon him to set talys and other impositions upon the commons, without the assent of the three estates; but yet he would not set any such charges, nor hath set upon the nobles, for fear of rebellion. And because the commons, though they have grudged, have not rebelled, nor be hardy to rebel, the French kings have yearly sithen set such charges upon them, and so augmented the same charges, as the same commons be so impoverished and destroyed, that they may unneth live. They drink water, they eat apples, with bread right brown, made of rye. They eat no flesh,

but if it be selden, a little lard,

or of the entrails,

or heads of beasts, slain for the nobles and mer

notwithstanding. 2 tallies, taxes.

3 seldom:

chants of the land. They wear no woollen, but if it be a poor coat, under their uttermost garment, made of great canvass, and passen not their knee. Wherefore, they be gartered and their thighs bare. Their wives and children gone bare-foot; they may in none otherwise live: for some of them, that was wont to pay to his lord for his tenement, which he hireth by the year, a scute', payeth now to the king over that scute, five scutes. Wherethro' they be artyd by necessity, so to watch, labour, and grub in the ground for their sustenance, that their nature is much wasted, and the kind of them brought to nought. They gone crooked, and are feeble, not able to fight, nor to defend the realm; nor they have weapon, nor money to buy them weapon withal; but verily they live in the most extreme poverty and misery; and yet they dwell in one of the most fertile realm of the world. Wherethro' the French king hath not men of his own realm, able to defend it, except his nobles, which beryn not such impositions; and therefore, they are right likely of their bodies, by which cause the said king is compelled to make his armies, and and retinues for the defence of his land, of strangers, as Scots, Spaniards, Arragonars*, men of Almayn3; and of other nations; else, all his enemies might

3

' of the value of 3s. 4d. a French gold coin, the same with their escuts or ecus d'or, or gold crown piece.

2 * pressed, constrained.

3 bear. 4 Arragonians, 5 Germany.

overrun him for he hath no defence of his own, except his castles and fortresses. Lo! this the fruit of his Jus Regale. If the realm of England, which is an isle, and therefore might not lightly get succours of other lands, were ruled under such a law, and under such a prince, it would be then a prey to all other nations that would conquer, rot, and devour it; which was well proved in the time of the Britons, when the Scots and the Picts so beat and oppressed this land, that the people thereof sought help of the Romans, to whom they had been tributary. And [as] they could not be defended by them, they sought help of the duke of Britany, then called Little Britain, and granted therefore, to make his brother Constantine, their king. And so he was made king here, and reigned many years, and his children after him, of which great Arthur was one of their issue. But blessed be God, this land is ruled under a better law; and, therefore, the people thereof be not in such penury, nor thereby hurt in their persons; but they be wealthy, and have all things necessary to the sustenance of nature. Wherefore they be mighty, and able to resist the adversaries of the realm, and to beat other realms, that do or will do them wrong. Lo! this is the fruit of Jus Politicum et Regale, under which we live. Somewhat now I have shewed you of the fruits of both laws, ut ex fructibus eorum, cognoscatis eos, &c.

Chap. iv.

Hereafter is shewed how the Revenues of France be made great.

Sithen our king reigneth upon us by laws more favorable and good to us, than be laws by the which the French king ruleth his people, it is reason we be to him more good and more profitable than be the subjects of the French king unto him, which would seem that we be not, considering that his subjects yielden to him more in one year, than we do to our sovereign lord in two years, how so be it, they do so, again their wills. Nevertheless, when it is considered, how a king's office standeth in two things, one to defend his realm again their enemies outward, by sword; another, that he defendeth his people again wrong doers inward, which the French king doth not; sythen he oppresseth them more himself, than would have done all the wrong doers of the realm, tho' they had had no king; and sythen it is a sin to give no meat, drink, clothing, or other alms, to them that have need, as shall be declared in the day of doom; how much a greater sin is it to take from the poor man, his meat, his drink, his clothing and all that he hath need of? Which verily doth the French king to many a thousand of his subjects, as is openly

1 against.