[375] The following is one example of these prejudices: In the 9th of Richard II. a tax on wool granted till the ensuing feast of St. John Baptist was to be intermitted from thence to that of St. Peter, and then to recommence; that it might not be claimed as a right. Rot. Parl. vol. iii. p. 214. Mr. Hume has noticed this provision, as "showing an accuracy beyond what was to be expected in those _rude_ times." In this epithet we see the foundation of his mistakes. The age of Richard II. might perhaps be called rude in some respects. But assuredly in prudent and circumspect perception of consequences, and an accurate use of language, there could be no reason why it should be deemed inferior to our own. If Mr. Hume had ever deigned to glance at the legal decisions reported in the Year-books of those times, he would have been surprised, not only at the utmost _accuracy_, but at a subtle refinement in verbal logic, which none of his own metaphysical treatises could surpass. [376] [Note XII.] [377] During the famous process against the knights templars in the reign of Edward II., the archbishop of York, having taken the examination of certain templars in his province, felt some doubts which he propounded to several monasteries and divines. Most of these relate to the main subject. But one question, fitter indeed for lawyers than theologians, was, whereas many would not confess without torture, whether he might make use of this means, _licet hoc in regno Angliæ nunquam visum fuerit vel auditum_? Et si torquendi sunt, utrum per clericos vel laicos? Et dato, quòd _nullus omnino tortor inveniri valeat_ in Angliâ, utrum pro tortoribus mittendum sit ad partes transmarinas? Walt. Hemingford, p. 256. Instances, however, of its use are said to have occurred in the 15th century. See a learned 'Reading on the Use of Torture in the Criminal Law of England, by David Jardine, Esq., 1837.' [378] Rot. Parl. vol. iv. p. 65. [379] Rot. Parl. vol. iv. p. 202. [380] This was written in 1811 or 1812; and is among many passages which the progress of time has somewhat falsified. [381] Philip de Comines takes several opportunities of testifying his esteem for the English government. See particularly 1. iv. c. i. and 1. v. c. xix. [382] By a frankleyn in this place we are to understand what we call a country squire, like the frankleyn of Chaucer; for the word esquire in Fortescue's time was only used in its limited sense, for the sons of peers and knights, or such as had obtained the title by creation or some other legal means. The mention of Chaucer leads me to add that the prologue to his Canterbury Tales is of itself a continual testimony to the plenteous and comfortable situation of the middle ranks in England, as well as to that fearless independence and frequent originality of character amongst them, which liberty and competence have conspired to produce. [383] Brady's Hist. vol. i.; Appendix, p. 148.