doctrine of essoins, vouchers, aids, and demur of parol, (See particularly 2 Inst. 411. and Jehu Webb's Case, 8 Rep. the Reasons for Calling the Assize " Festinum Remedium." On fourching by_essoin, 2 Inst. 250. Concerning the Justices of Trailbaston, 2 Inst. 540. Spelman's Gloss. v. Trailbaston. On the Antiquity of Essoins, Hickes. d. e. p. 8. and Beame's Glanville, lib. i. c. 6. et seq. On the Essoin de malo lecti and licentia surgendi, Regist. Orig. fol. 8 and 9. Selden, Hengham, Magna, n 37, Case of the Abbot of Crowland, who lost his seisin, because after being essoined de malo lecti, when the four Knights were coming to inspect him, he rose to go to the Court, and the Knights did not find him in bed.) There were two species of delay common in Courts of Justice, which deserve attention as they respect the prerogative of the Crown; the first of these is the Writ "de Rege Inconsulto" which Coke informs us was often used for the purpose of delay, (2 Inst. 269, 261. Fitz. N. B. 153. Hardr. 427. Tremaine's P. C. 684. Bacon's Letters. Lord Ellesmere's Speech on the Appointment of Montague who succeeded Sir E. Coke. Moore's Rep. 828.). The other is the Writ of Protection which was a greater cause of delay than even the Essoin. Queen Elizabeth discountenanced the granting of protections in a manner highly honorable to her character; they have been the subject of judicial decision since the Revolution, in the case of Lord Cutts. (Reeves's Henry VI. Co. Litt. 138. and Hargr. note ibid. 2 Inst. 56. 3 Lev. 332. Barr. on 12 Edw. II. §. 2.) Spelman has traced with great learning the origin of our law terms and of the rules by which the intervals between the steps in the proceedings of a cause are regulated: many of which had their foundation in the superstitions of the Romish Church. (See also Herne's Cur. Disc. several Tracts upon Terms. Wynne's Eunomus. 2 Inst. 64.) With respect to delays in the prosecution of capital offences, the wise and humane caution of Fortescue is repeated by Sir E. Coke and Sir M. Hale, who relate several melancholy instances arising within their own experience, which like the one cited in the text, exhibit the baneful effects of a precipitate execution of justice in criminal matters: On such occasions the Judge should be actuated by the sentiment in the passage of antiquity according to the sense in which it was frequently adopted by Lord Somers, "De morte hominis nulla est cunctatio longa." Lord Bacon had, to use his own expression, "somewhat of the cunctative," and the Motto which Hale put on the head of his Staff was "festina lente." (See further concerning Delays in Law, Pref. to Sir J. Davis's Reports. Dowman's Case, 9 Rep. Harl. Misc. Vol. VIII. p. 414.)

CHAP. LIV.

Prince. I AM perfectly convinced from the whole tenor of your discourse, that the Laws of England are not only good, but the best of laws for the particular Constitution of England. And if at any time some of them want amendment, it may be easily done by application to, and in the way of Parliament: so that the kingdom either really is, or is easily capable of being governed by the best of laws and I am of opinion that the points you have advanced in this discourse, and the just encomium you have given our laws, may be of some use to those who shall be hereafter kings of England: since no king can govern with pleasure by such laws as he is not pleased with, or does not rightly apprehend. "The unfitness of a tool disgusts the mechanic and the bluntness of the lance or spear makes a dastardly soldier." But as a soldier is animated to the battle when his arms are good, and himself expert in using them, according to Vegetius, who says, "that knowledge and experience in war breed and beget courage and no one is afraid to do what he knows he can do well." So a king is animated and encouraged to do justice, when the laws, by which it is administered, are reasonable and just, and he has a sufficient knowledge of and experience in them. A general knowledge is sufficient for him, leaving it to his Judges to have a more exact and a more profound skill in them. So Vincentius Belu

acensis, in his book of Moral Institution of Princes, says, "that every Prince ought to have a general knowledge of the Holy Scriptures," which say, "that vain are all they in whom there is not the knowledge of GOD the Most High:" and it is written in the Proverbs, "let knowledge be in the lips of the king, and his mouth shall not err in judgment." Yet a Prince is not obliged to so critical an understanding of the Scriptures; such as may become a Professor in Divinity; a general insight and acquaintance with them, as with the laws, is all that is necessary and required of him. Such had Charlemaine; such had Lewis his son; such had Robert, sometime king of France, and who was author of this conclusion ("Sancti spiritûs adsit Nobis Gratia") and many others, as the said Vincentius, in the 15th chapter of the same book, evidently shews. Wherefore the doctors of the laws do say, that "an emperor carries all his laws in the cabinet of his own breast." Not that he really and actually knows all the laws, but as he apprehends the principles of them, their method and nature, he may properly enough be said to understand them all. Moreover, he has it in his power to alter or abrogate them: so that all the laws are in him potentially, as Eve was in Adam before she was formed. But since, my good Chancellor, you have now performed what you undertook at first, and have fully persuaded me to apply myself to the study of the laws of my country, I will no longer detain you on this subject. But, I now earnestly desire, that you will proceed, as you have formerly begun with it, to instruct me in the principles, method and nature of the Law of England: which law, I am resolved, shall be ever dear to me, preferably to all other laws in the world, which it as far surpasses, as the morning star exceeds the other stars in glory and brightness. Since the intention is answered where

with you were moved to this conference: time and reason require that we put an end to it. Rendering all due thanks and praise to Him who enabled us to begin, to carry on and finish it even Alpha and Omega, the beginning and the end, the first and the last; and let every thing that hath breath praise the LORD." Amen.

INTRODUCTIO.

SEVIENTE dudum in regno Angliæ nefandissima Rabie illa qua piissimus ibidem Rex Henricus Sextus, cum Margareta Regina consorte sua, Filia Regis Jerusalem et Siciliæ, ac eorum Unigenito Edwardo Principe Walliæ, inde propulsi sunt, sub qua et demum Rex ipse Henricus a subditis suis deprehensus Carceris diutinum passus est Horrorem, dum Regina ipsa cum sobole, Patria sic extorris, in Ducatu Berren' in prædicti Regis Jerusalem Dominio morabantur. Princeps ille, mox ut factus est adultus, militari totum se contulit Disciplinæ, et sæpe ferocibus et quasi indomitis insedens Caballis, eos Calcaribus urgens, quandoque Lancea, quandoque Mucrone, aliis quoque Instrumentis bellicis, Sodales suos, Juvenes sibi servientes, Bellantium more, invadere, ferireque, juxta Martis Gymnasii Rudimenta, delectabatur. Quod cernens Miles quidam grandævus, prædicti Regis Angliæ Cancellarius, qui etiam ibidem sub hac Clade exulabat, Principem sic affatur.

CAP. I.

GAUDEO vero, Serenissime Princeps, super nobilissima Indole Tua, videns quanta Aviditate militares Tu amplecteris Actus; convenit namque Tibi taliter delectari, nedum quia Miles es, sed amplius quia Rex futurus es. Regis nempe officium pugnare est Bella Populi sui, et eos rectissime judicare, ut primo Regum Capitul. VIII. clarissime Tu doceris. Quare ut Armorum utinam et Legum Studiis simili Zelo te deditum contemplarer, cum ut Armis Bella, ita Legibus Judicia peregantur. Quod Justinianus Augustus, æquissima librans Mente, in Initio Prohemii Libri sui Institutionum, ait "Imperatoriam Majestatem non solum Armis decoratam, sed et Legibus oportet esse armatam,' ut utrumque Tempus Bellorum et Pacis recte possit gubernare. Tamen ut ad Legum Studia fervide tu anheles, maximus Legis