Page:The Works of Francis Bacon (1884) Volume 1.djvu/461

 HISTORY OF KING IIKNRY VII. I. &amp;lt;&amp;gt;r consequence concern the state of the com- ] general, ami repressing of murders and man- lonwealtb] wliieli, if tlicy were criminal, the slaughters, and was in amendment of the CI.IIIIIHUI called the star laws of tin; realm, beini thi.-,: That whereas by council used to sit in the cl chamber; if civil, in the white chamber or white hall. And as the chancery had the pretorian tower for equity, so the star-chamber hadthecen- sorian power for offences under the degree of capital. This court of star chamber is compound ed of good elements, for it consisteth of four kinds of persons, counsellors, peers, prelates, and chief judges. It discerneth also principally of four kinds of causes, forces, frauds, crimes various of stellionate, and the indications or middle acts to wards crimes capital or heinous, not actually committed or perpetrated. But that which was principally aimed at by this act was force, and the two chief supports, of force, combination of multitudes, and maintenance or headship of great persons. From the general peace of the country the king s care went on to the peace of the king s house, and the security of his great officers and counsellors. But this law was somewhat of a strange compo sition and temper. That if any of the king s ser vants under the degree of a lord, do conspire the death of any of the king s council or lord of the realm, it is made capital. This law was thought to be procured by the lord chancellor, who being a stern and haughty and finding he had some mortal enemies in court, provided for his own safety ; drowning the envy of it in a general law, by communicating the privilege with all other counsellors and peers, and yet not daring to ex tend it further than to the king s servants in check- roll, lest it should have been too harsh to the gen tlemen and other commons of the kingdom, who might have thought their ancient liberty, and the clemency of the laws of England invade/1, if the will in any case of felony should be made the deed. And yet the reason which the act yieldeth, that is to say. that he that conspireth the death of coun- sel ors may be thought indirectly, and by a mean, to conspire the death of the king himself, is indiff erent 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 after wards 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 moulded thus; the taking and carrying away of w. mien forcibly and against their will, except fe male wards and bond-women, was made capital. The parliament wisely and justly conceiving that the obtaining of women by force unto possession, howsoever afterwards assent misfht follow by al lurements, was but a rape drawn forth in length, because the first force drew on all the rest. There was made also another law for peace in the common law the king s suit, in case micidc, 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 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, &quot;flagrante crimine,&quot; neglected ; it was ordained, 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 cler gy, ordaining that clerks convict should be burned in the hand, 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 breake of the rites of holy church. Another law was made for the better peace of the country ; by which law the king s officersand farmers were to forfeit their places and holds in case of unlawful retainer, or partaking in routs and unlawful assemblies. These were the laws that were made for re pressing of force, which those times did chiefly require ; and were so prudently framed, as they are found fit for all succeeding times, and so con tinue to this day. There were also made good and politic laws that parliament, against usury, which is the bas tard use of money ; and against unlawful chie- vances and exchanges, which is bastard usury and also for the security of the king s customs and for the employment of the procedures ot foreign commodities, brought in by merchant strangers, upon the native commodities of the realm; together with some other laws of less importance. But howsoever the laws made in that parlia ment did bear good and wholesome fruit; yet the subsidy granted at the same time bare 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 bishopric of Duresme ; 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 Ires in the bottom of men s hearts; and if the vessel was but stirred it would come up. And, no doubt, it was