Fortescutus illustratus, or, A commentary on that nervous treatise, De laudibus legum Angliæ, written by Sir John Fortescue, Knight ... by Edward Waterhous, Esquire.

To the most High and most Excellent Prince our most Gracious and most Redoubted Sovereign Lord and King Henry the Eight, by the grace of God, King of England and of France, Defender of the faith, Lord of Ireland, and supreme Head on Earth immediately under Christ of the Church of England, Tho. Denton, Nic. Bacon, and Robert Cary, His Graces most humble and faithful Ser∣vants, wish prosperous health and continuance of fe∣licity.

PLeaseth it Your most Royal Majesty to understand, that whereas Your most godly disposition and tender zeal impressed in Your most noble heart, both towards the ad∣vancement of the Common-wealth of this our Realm, and also towards the furthe∣rance and maintenance of good Learning, and the study thereof hereafter to be used in the same, Your Highness now of late commanded us, to our inestimable comfort and consolae∣tion, to assemble our selves together, and upon the diligent search and perusing of all the Orders of the Houses of Court, compendiously to set forth unto Your Grace the best form and order of Study practised therein, and all their Orders and Rules meet to be used and observed amongst them that profess study and learning: We immediately considering the godly effect and intent of this Your meaning, tending onely to the right institution and edu∣cation of Your Subjects of this Your gracious Realm, whereby they shall be undoubtedly as much unto Your Grace as to these natural Parents, did not onely render hearty thanks to Almighty God the onely Authour of this Your Princely purpose, in that it hath pleased him to send us such a King and Head to reign over us, that is not only endued and adorned himself with all kindes and sorts of good learning as well divine as prophane, and exact judgement in the same, but also to send us one that most endeavoureth and purposeth to set forward, and as it were to ruyne the study and perfect knowledge thereof of long time detested and almost trod∣den under foot; that this His Realm in short time shall not be equal with other but far excell them, whereby not onely we that are in this present Age, but the whole Realm for ever, and all our Posterities shall be most bound to him therefore. For in times past, yea in our dayes (alas for pity) how many good and gentle wits within this Your Graces Realm have perished, partly for that in their youth (the cheif time to plant or graft good learning in) they have not been conversant nor trained in the study thereof; but cheifly for that the most of them in their tender years, indifferent to receive both good and bad, were so rooted and seasoned as it were in barbarous Authours very Enemies to good learning, that hard it was, yea al∣most impossible to reduce them to goodness, but even like a fertile ground overgrown with thorns and bryars produced no good fruit at all. The Redress therefore undoubtedly, most Gracious Sovereign Lord, shall be the noblest and Princelyest Act that ever was enterprised or attempted in this Realm. We therefore according to our most bounden duties have endeavoured our selves with all our wits and power to satisfie Your Highness said de∣sired purpose and expectation. And now having concluded Your Graces Commandment in all things as nigh as we can, we do offer the same here unto Your most Excellent Ma∣jesty, most humbly beseeching the same to accept in good part this rude thing, submitting it to the most excellent wisdom of your Majesty, whereunto we do and shall conform our selves, as to our most bounden duty appertaineth.

The manner of the Fellowship and their ordinary Charges, be∣sides their Commons.

FIrst it is to be considered, that none of the four houses of Courts have any Corpo∣ration, whereby they are enabled to purchase, receive, or take lands or Tenements or any other revenue, nor have any thing towards the maintenance of the house, saving that every one that is admitted fellow, after that he is called to the Masters Commons, payeth yearly 3. shillings 4. pence, which they call the pension mony, and in some houses, every man for his admittance, payeth 20. pence, and also besides that yearly for his Chamber 3. shillings 4. all which money is the onely thing they have towards the re∣parations and rent of their house, and the wages of their Officers.

The whole company and fellowship of Learners, is divided and sorted into three parts and degrees; that is to say, into Benchers, or as they call them in some of the houses, Readers, Utter-Barresters, and Inner-Barresters.

Benchers, or Readers, are called such as before-time have openly read, which form, and kinde of reading shall hereafter be declared, and to them is chiefly committed the government and ordering of the house, as to men meetest, both for their age, discre∣tion, and wisdomes, and of these is one yearly chosen, which is called the Treasurer, or in some house Pensioner, who receiveth yearly the said pension money, and there∣with dischargeth such charges as above written; and of the receipt and payment of the same is yearly accountable.

Utter-Barresters are such, that for their learning and continuance, are called by the said Readers to plead and argue in the said house, doubtful Cases and Questions, which amongst them are called Motes, at certain times propounded, and brought in before the said Benchers, as Readers, and are called Utter-Barresters, for that they, when they argue the said Motes, they sit uttermost on the formes, which they call the Barr, and this degree is the chiefest degree for learners in the house next the Benchers; for of these be chosen and made the Readers of all the Inns of Chancery, and also of the most ancient of these is one elected yearly to read amongst them, who after his read∣ing, is called a Bencher, or Reader.

All the residue of learners are called Inner-Barresters, which are the youngest men, that for lack of learning, and continuance, are not able to argue and reason in these Motes, nevertheless whensoever any of the said Motes be brought in before any of the said Benchers, then two of the said Inner-Barresters sitting on the said forme with the Utter-Barresters, doe for their exercises recite by heart the pleading of the same Mote-Case, in Law-French, which pleading is the declaration at large of the said Mote-Case, the one of them taking the part of the Plaintiff, and the other the part of the Defendant.

The whole year amongst them is divided into three parts; that is to say the learning-Vacation, the Terme-times and the meane and dead Vacation.

They have yearly two learning-Vacations, that is to say, Lent-Vacation, which beginns the first Munday in Lent, and continueth three weeks, and three dayes, the other Vacation is called Summer-Vacation, which beginneth the Munday after Lammas-day, and continueth as the other, in these Vacations are the greatest conferences, and exercises of study that they have in all the year; for in them these are the Orders.

First, The Reader and Ancients appoint the eldest Utter-Barrester in continuance, as one that they think most able for that Roome, to reade amongst them openly in the house, during the Summer-Vacation, and of this appointment he hath alway know∣ledge about half a year before he shall reade, that in the mean time he may provide therefore, and then the first day after Vacation, about 8. of the Clock, he that is so chosen to reade openly in the Hall before all the Company, shall reade some one such Act, or Statute as shall please him to ground his whole reading on for all that Va∣cation, and that done, doth declare such inconveniences and mischiefs as were unpro∣vided for, and now by the same Statute be and then reciteth certain doubts, and questions which he hath devised, that may grow upon the said Statute, and de∣clareth his judgement therein, that done, one of the younger Utter-Barresters re∣hearseth one question propounded by the Reader, and doth by way of argument la∣bour to prove the Readers opinion to be against the Law, and after him the rest of

the Utter-Barresters and Readers one after another in their ancienties, doe declare their opinions and judgements in the same, and then the Reader who did put the Case, indeavoureth himself to confute Objections laid against him, and to confirme his own opinion, after whom, the Judges and Serjeants, if any be present, declare their o∣pinions, and after they have done, the youngest Utter-Barrester again rehearseth a∣nother Case, which is ordered as the other was; thus the reading ends for that day: and this manner of reading and disputations continue daily two houres, or there∣about.

And besides this, daily in some houses after dinner, one at the Readers board, be∣fore they rise, propoundeth another of his Cases to him, put the same day at his read∣ing, which Case, is debated by them all in like forme, as the Cases are used to be argued at his reading, and like order is observed at every messe, at the other Tables, and the same manner alwayes observed at supper, when they have no Motes.

Of those that have read once in the Summer-Vacation, and be Benchers, is chosen alwayes one to reade in Lent, who observeth the like forme of reading, as is before expressed in the Summer-Vacation; and of these Readers in these Vacations, for the most part are appointed those that shall be Serjeants.

In these Vacations every night after supper, and every Fasting-day immediately after six of the Clock, boyer ended (Festival-dayes and their evens onely excepted) the Reader, with two Benchers, or one at the least, cometh into the Hall to the Cuboard, and there most commonly one of the Utter-Barresters propoundeth unto them some doubtful Case, the which every of the Benchers in their ancienties argue, and last of all he that moved; this done, the Readers and Benchers sit down on the bench in the end of the Hall, whereof they take their name, and on a forme toward the midst of the Hall sitteth down two Inner-Barresters, and of the other side of them on the same forme, two Utter-Barresters, and the Inner-Barresters doe in French openly declare unto the Benchers, (even as the Serjeants doe at the barr in the King's Courts, to the Judges) some kinde of Action, the one being as it were retained with the Plaintiff in the Action, and the other with the Defendant, after which things done, the Utter-Barresters argue such questions as be disputable within the Case (as there must be alwayes one at the least) and this ended, the Benchers doe likewise declare their opinions, how they think the Law to be in the same questions, and this manner of exercise of Moting, is daily used, during the said Vacations.

This is alwayes observed amongst them, that in all their open disputations, the youngest of continuance argueth first; whether he be Inner-Barrester, or Utter-Barrester, or Bencher, according to the forme used amongst the Judges and Serjeants.

And also that at their Motes, the Inner-Barresters and Utter-Barresters doe plead and reason in French, and the Benchers in English, and at their reading, the Readers Cases are put in English, and so argued unto.

Also in the learning-Vacations, the Utter-Barresters which are Readers in the Inns of Chancery, goe to the house whereunto they reade, Either of the said Readers ta∣king with them two learners of the house they are of, and there meet them for the most part two of every house of Court, who sitting as Benchers (doe in Court at their Motes) hear and argue such Motes as are brought in, and pleaded by the Gen∣tlemen of the same houses of Chancery, which be nine in number, four being in Holborn, which be read of, Grayes-Inn, and Lincolns-Inn, And Lincolns-Inn have Motes daily, for the most part before noon, which begin at nine of the Clock, and continue until twelve, or thereabouts, and the other five which are within Temple-bar, which are of the two Temples, have their Motes at three of the Clock in the after∣noon.

The onely exercises of Learning in the Terme-time, is arguing and debating of Cases after dinnet, and the Moting after supper, used and kept in like forme, as is heretofore prescribed in the Vacation-time, and the Reader of the Inns of Chancery to reade three times a week, to keep Motes, during all the Terme, to which Motes, none of the other houses of Court come, as they doe in the learning-Vacations, but onely to come with the Reader of the same house.

The whole time out of the Learning-Vacation and Terme, is called the Mean-Va∣cation, during which time, every day after dinner, Cases are argued, in like manner

as they be in other times, and after supper Motes are brought in and pleaded by the Inner-Barresters, before the Utter-Barresters, which sit there, and occupy the roome of Benchers, and argued by them in like forme as the Benchers doe in the Terme-time, or Learning-Vacation

The Readers and Benchers at a Parliament or Pension held before Christmas, if it seeme unto them that there be no dangerous time of sickness, neither dearth of vi∣ctuals, and that they are furnished of such a Company, as both for their number and appertaines are meet to keep a solemn Christmas, then doe they appoint and chose certain of the house to be Officers, and bear certain rules in the house during the said time, which Officers for the most part are such, as are exercised in the King's Highness house, and other Noble men, and this is done onely to the intent, that they should in time to come know how to use themselves. In this Christmas time, they have all manner of pastimes, as singing and dancing; and in some of the houses ordinarily they have some interlude or Tragedy played by the Gentlemen of the same house, the ground, and matter whereof, is devised by some of the Gentlemen of the house.

Every quarter, once or more if need shall require, the Readers and Benchers cause one of the Officers to summon the whole Company openly in the Hall at dinner, that such a night the Pension, or as some houses call it the Parliament, shall be holden, which Pension, or Parliament in some houses, is nothing else but a conference and Assembly of their Benchers and Utter-Barresters onely, and in some other of the hou∣ses, it is an Assembly of Benchers, and such of the Utter-Barresters and other ancient and wise men of the house, as the Benchers have elected to them before time, and these together are named the Sage Company, and meet in a place therefore appoint∣ed, and there treate of such matters as shall seem expedient for the good ordering of the house, and the reformation of such things as seeme meet to be reformed. In these are the Readers both for the Lent and the Summer-Vacation chosen; and also if the Treasurer of the house leave off his Office, in this is a new chosen. And al∣wayes at the Parliament holden after Michaelmas, two Auditors appointed there, to hear, and take the Accounts for the year, of the Treasurer, and in some house, he ac∣counts before the whole Company at the Pension, and out of these Pensions all mis∣demeanours and offences done by any Fellow of the house, are reformed and ordered according to the discretion of certain of the most ancient of the house, which are in Commons at the time of the offence done.

First they have one called the Steward, whose office is to provide the victual of the house, and hath for his wages five mark.

They have three Butlers, whereof the chief Butler hath 40. shillings, every of the other hath for their wages 20 shillings.

They have three Cooks, of which, the chief Cook hath yearly 10 pounds.

The Manciple, or Stewards servant, whose office is to convey the provision of the house home from the market, and hath yearly 26 shillings 8 pence.

The under-Cook hath yearly for his wages 20 shillings.

The Laundres of the Clothes for the Buttery, hath by the year 6 shillings 8 pence.

And besides this wages, the three Buttlers have in reward at Christmas of every Gentleman of the house 12 pence, and some more.

And at Easter, the Cooks and Manciple have in reward, of every Gentleman 12 pence, or more amongst them.

The whole Fellowship is divided into two several Commons, the one is called the Masters Commons, and there is the Clerks Commons.

The Masters Commons amounteth yearly to 20 nobles, or thereabouts, which is after the rate of 2 shillings 8 pence the week.

The Clerks Commons amounteth by the year to five pounds six shillings eight pence, which is after the rate of 2 shillings 2 pence a week.

These, most redoubted Sovereign Lord, are the most universal and general things con∣cerning the Orders and Exercises of learning in the houses of Court, which we thought meet to describe, and to present into your Grace's hands; and having regard to o∣ther particular or private things, we thought it not convenient to trouble Your Highness with them, partly, because of the multitude of them, and partly, because they are things of no great importance, or weight.

Notes

• Revive I sup∣pose it ought to be, but it is ruyne in the Copy.
• That what sorts and degrees the whole Fellowship and Company of Students of the Law is amongst them divided. Benchers.
• V••ter-Barresters,
• Inner-Barresters.
• The Order and Exercises of learn∣ing.
• The Exercises of Learning in the Vacation. The manner of Reading in the Inns of Court.
• Lent-Vacation.
• The ordering and fashion of Moty∣ing.
• Exercises of motes in the Inns of Chancery, during the Vacation.
• The 'exercises of Learning in the Terme time.
• The Exercises of Learning in the Mean-Vacation.
• The manner of Christmas, used amongst them.
• The manner of their Parliament, or Pension.
• The Officers, and their wages.
• The Diet of the House.