Tracts written by John Selden of the Inner-Temple, Esquire ; the first entituled, Jani Anglorvm facies altera, rendred into English, with large notes thereupon, by Redman Westcot, Gent. ; the second, England's epinomis ; the third, Of the original of ecclesiastical jurisdictions of testaments ; the fourth, Of the disposition or administration of intestates goods ; the three last never before extant.

CHAP. IX.

In King Stephen's Reign all was to pieces. Abundance of Castles built. Of the priviledge of Coining. Appeals to the Court of Rome now set on foot. The Roman Laws brought in, but disowned. An instance in the Wonder-working Parliament.

AS of old, unless the Shields were laid up, there was no Dancing at Weddings; so except Arms be put aside, there is no pleading of Laws. That Antipathy betwixt Arms and Laws, England was all over sensible of, if ever at any time, in the Reign of K. STEPHEN, Count of Blois, King Henry's Nephew by his Sister Adela. For he did not only break the Law and his Oath too to get a Kingdom, but also being sa∣luted King, by those who perfidiously opposed Mawd the right and true heir of King Henry, he reigned with an improved wickedness.

For he did so strangely and odly chop and change every thing (it is Malms∣bury speaks it) as if he had sworn only for this intent, that he might shew himself to the whole Kingdom, a Dodger and Shammer of his Oath.

But, as he saith,

—perjuros merito perjuria fallunt?

that is,

Such men as Perjuries do make their Trade, By their own Perjuries most justly are betray'd.

They are things of custom to which he swore, and such as whereby for∣mer priviledges are ratifed, rather than new ones granted. However, some things there are, that may be worth the transcribing.

41.

Castles were frequently raised ('tis Nubrigensis relates it) in the several Counties by the bandying of parties; and there were in En∣gland in a manner as many Kings, or rather as many Tyrants, as Lords of Castles, having severally the stamping of their own Coin, and a power of giving Law to the Subjects after a Royal manner.

Then was the Kingdom plainly torn to pieces, and the right of Majesty shattered, which gains to it self not the least lustre from stamping of Money. Though I know very well, that before the Normans, in the City of Ro∣chester, Canterbury, and in other Corporations and Towns, Abbots and Bishops had by right of priviledge their Stampers and Coiners of Money.

42. Next to the King, Theobald Arch Bishop of Canterbury presided over the Council of London (where there were also present the Peers of the Realm) which buzzed with new appeals.

For in England (tis Henry of Huntington sayes it) appeals were not in use, till Henry Bishop of Winchester, when he was Legate, cruelly intruded them to his own mischief.

Wherefore what Cardinal Bellarmin has writ, be∣ginning

at the Synod of Sardis, concerning the no body knows how old time of the universal right of appealing to the Pope of Rome, does not at all, as to matter of fact, seem to touch upon this Kingdom of ours by many and many a fair mile.

43.

In the time of King Stephen (so 'tis in the Polycraticon of John of Salisbury) the Roman Laws were banisht the Realm, which the Ho••se of the Right Reverend Theobald Lord Primate of Britanny had fetcht or sent for over into Britanny. Besides, it was forbidden by Royal Pro∣clamation, that no one should retain or keep by him the Books.

If you understand the Laws of the Empire (I rather take them to be the Decrees of the Popes) it will not be much amiss, out of the Parlia∣ment Records to adjoyn these things of later date. In the Parliament holden by Richard of Bourdeaux, which is said to have wrought Wonders, Upon the Impeachment of Alexander Nevil Arch-Bishop of Canterbury, Robert Uere Duke of Ireland, Michael Pole Earl of Suffolk, Thomas Duke of Glocester, Richard Earl of Arundel, Thomas Beauchamp Earl of Warwick, and others, That they being intrusted with the management of the Kingdom, by soothing up the easie and youthful temper of the King, did assist one another for their own private interest, more than the publick, well near to the ruine and overthrow of the Government it self; the Common Lawyers and Civilians are consulted with, about the form of drawing up the Charge; which they answer all as one man, was not agreeable to the rule of the Laws. But the Barons of Par∣liament reply, That they would be tyed up to no rules, nor be led by the punctilioes of the Roman Law, but would by their own authority pass judgement; pur ce que la royalme d' Angleterre n' estoit devant ces heures, n'y à l' entent de nostre dit Seigneur le Roy & Seigneurs de Parlament unque ne serra rules ne gouvernes per la Loy Civil: that is, inasmuch as the Realm of England was not before this time, nor in the intention of our said Lord the King and the Lords of Parliament ever shall be ruled or governed by the Civil Law. And hereupon the persons impleaded are sentenced to be banished.

But here is an end of Stephen: He fairly dyed.

Notes

• Ovid. Art. Am. lib. 1.
• V. Leg. Athel∣stan. 14.
• Bellarm. l. 2. de Rom. Pou∣tif. c. 21.
• Polycrat. l. 8. c. 22.
• Rot. Parl. 11 Rich. 2.