law and ancient practice, was in some cases
confirmed by act of parliament: [*] [2] Lord Bacon extols the utility of
this court; but men began even during the age of that historian, to feel
that so arbitrary a jurisdiction was incompatible with liberty; and
in proportion as the spirit of independence still rose higher in the
nation, the aversion to it increased, till it was entirely abolished
by act of parliament in the reign of Charles I., a little before the
commencement of the civil wars.

* See note B, at the end of the volume.

Laws were passed in this reign, ordaining the king's suit for murder to
be carried on within a year and a day.[*] Formerly it did not usually
commence till after; and as the friends of the person murdered often in
the interval compounded matters with the criminal, the crime frequently
passed unpunished. Suits were given to the poor "in forma pauperis," as
it is called; that is, without paying dues for the writs, or any fees to
the council:[**] a good law at all times, especially in that age,
when the people labored under the oppression of the great; but a law
difficult to be carried into execution. A law was made against carrying
off any woman by force.[***] The benefit of clergy was abridged;[****]
and the criminal, on the first offence, was ordered to be burned in
the hand with a letter denoting his crime; after which he was punished
capitally for any new offence. Sheriffs were no longer allowed to fine
any person, without previously summoning him before their court.[v] It
is strange that such a practice should ever have prevailed. Attaint of
juries was granted in cases which exceeded forty pounds' value; [v*] a
law which has an appearance of equity, but which was afterwards found
inconvenient. Actions popular were not allowed to be eluded by fraud or
covin. If any servant of the king's conspired against the life of the
steward, treasurer, or comptroller of the king's household, this design,
though not followed by any overt act, was made liable to the punishment
of felony.[v**] This statute was enacted for the security of Archbishop
Morton, who found himself exposed to the enmity of great numbers.

There scarcely passed any session during this reign without some statute
against engaging retainers, and giving them badges or liveries; [v***]
a practice by which they were in a manner enlisted under some great lord
and were kept in readiness to assist him in all wars, insurrections,
ri